Baltimore commercial journal, and Lyford's price-current. [volume] (Baltimore, Md) 1840-1849, 1849-04-07


appeared before me; to wit, the said Alexander BAN
by Hon. r. Ii. GIct, his counsel, and the said Sam
ucl + y. Morse by Amos Kendall aud Alexander ii.
Lawrence, ESQs., his counsel; and the SAID appeal
was heard upon the decision of the said Commission
of Patents aud the reasons Of appeal filed IN the
office, with the grounds Of the SAID decision, fully
set forth in writing, touching all the points involved
by the reasons OF appeal, and the same being iuiy
argued, heard and considered, do decide and ad-
judge that the SAID decision Of the said Commits
siOncr Of Patents, 'hat the said Samuel F. Il. Morse
is the first aud original inventor Of the improve
mcnt in Tclcgraphs, and as such is entitled TO re-
ccvc patent therefor b. and the same Is hereby
reversed and annullcd, nasnuch as the question Of
priority of invention does not necessarily arse IN
this cast; the claims Of the parties do not in my
opinion interfere, in regard any matter, (describ-
ed in their respective spccifcaliOns) which is now
patcntable. And do further decide and adludgc.
that the said Samuel +. b. Morse is entitled under
the 9TH section OF the act of 1896 to patent Tor the
combination which he has invented, claimed and de-
scrbcd in his specification drawings and model; and
that the said Alexander Balm is entitled, under the
same section, TO patent for the combination which
he has invented, claimed and described in his speci
fications, drawings and model; provided, the said
Morse and Balm shall have respectively complied
with the requisites of the law to entc them 10 their
r. spcCtiyc patents.
deem it unnecessary, therefore, TO decide any
other points involved by the reason Of appeal.
| herewith return all the papers; and add The rca
sons Of my decision, which may be filed in the case
w. CRANCH.
Washington, March ID, ls49.
We may as well improve the present occasion 10
say word two upon the telegraphic system as it
has been used in the United States under the patent
OF Morse Co., and we premise, by saying that
we have no feeling OF personal hostility TO MIR.
Morse whatever, and no other wish toward him
than that his invention may prove 10 him as much a
source of profit as it is Of honor. But saying this
must add that, as a whole, the tc graph has
proved anything but a blessing 10 the public We
hoped differently at the start, when III common with
others of the press, labored diligently and sue
ssulIy, personally al w ashington, and col
umns here 10 aid Mr.. Morse in procuring the means
of the Government to give the work its first impetus
Notwithstanding popular and legislative prejudice
ridculc and stern opposition, in doors and ont, Con-
gross subscribed y 80 900 aid Mr.. Morse in con-
structng telegraph from Baltimore TO w Washington
1t and turned out 10 be free will offering TO the
inventor 10 enable him 10 test the utility OF his sys-
TEN. Without this subscription, there would not
10 this day, as we believe, have been telegraph IN
the United States. nor would the money ever have
been appropriated by Congress had there been any
suPposilion that it would have proved such an en-
gnc of cxtortion as it is.
Giving the "Morse system" all the originality
claimed for the invention by those interested IN the
monopoly still these cxactionS upon any moral prin
ciple Of right are without Justification. We do not
differ with those who hold that the product OF
mans brains is his property or that Patent pro-
perry should b. held sacred as any other proper
~; but allowing il to be all true TO the extent claim
ed is no excuse for imposition on the part OF those
who happen 10 be rich IN this species oil property.
because a lclSHTHpn company may hdNc lhc punt
and the press at its mercy, it is only the more dis
reputable that it should use this power in a way 10
abuse the good it enjoys. But for the public as the
source of all power in this country no Patent law
could be in force at ALL and but for the beralitv of
Congress, acting for the people. Mr. Morse might
have been as poor as bcggar SO far as chang OF
fortune depended upon his invention
Again, good men not IN the habit Of regarding
very sacred, or holding in much respect those who
having great power in their possession use II only 10
enrich themselves. We despise the man who takes
advantage Of necessities, and the law OF all reli
gon aud all morality declares, the system OF oppres-
sion wrong.
sit is excellent 10 have a giants strength,
But il is tyrannouS TO use il like giant"
There are many legal rights even, which may be
moral urongS, and a man has no more right n get
rich by cxtortlon than he has by eXactng more than
is due him in any other way. Something is due TO
society and the country us well as 10 persons and
corporations.
We have said thus much upon this case, upon the
plea set up that Mr.. Morscs patent is his own pro-
perry, and that man has right to do with his own
as he pleascs.
But we do not hold that Mr.. Morse has any right
to any exclusive system of telegraphing. There are
other systems. believe, good as his, and we
wish to avail ourselves Of them, though with fair
dealing on the part Of the owners Of the Morse pa
tent should have been content that he should
have enjoyed his monopoly for fourteen years, (the
term of his patenD and for as much longer as the
law would allow. The decision of Judge Cranch is
merely the legal decision of judicial question:
cording TO two important public laws. The effect of
ii will result in important public good and open
the of tccgraphic communication 10 colnpe-
tition We shall not argue the question Of the cor
rectness of the decision Of the Judge, though the
reasoning Of it is so plain, that he who runs may
read and understand.
That decision is based upon the opinion Of the
Commissioner of Patents, that "the specification Of
the parties does not consist in the OF the electric
current, TO make marks upon chemically prepared
paper, making marks through single line of
conductors" as both were "long known" 1t is fur
Their based upon Mr.. Kcndalfs declaration, Morse's
counsel, that "nehcr could patent the battery, the
circuit, the prepared paper or the making OF marks
by the electro chemico process" Then came the
claim by Morse for combination Of machinery and
materials, and this combination as set forth in the
specifications seemed TO the Judge far from IDENTICAL
and led to the reversal of the decision Of the Com
missioner OF Patents
Now, however, much may be due 10 the man who
combines for useful purpose, things previously dis
covered we do not hold that he is 10 be esteemed as
discovering both the materials, composing the
parts, well the great whole OF his combination
The remark applies well TO Mr.. Balm as 10 Mr.
Morse, except that Mr.. Balm does not seek TO ENJOY
any monopoly of principle. Balm has combined
cl materials which enables the work as he thinks to
be done in a better manner. Amos Kendall admitted
the invention to be a very different thing, Gin form
and sirucnrc,' from Morses. "Making an old ar
ticle in a better manner and at a cheaper rate,
would cntitle ono to a Patent in England and here,
too, we think. The best authorities all say there
can be Patent for principle nor for the applica-
ton of principle, for effect, as by different
means the same principle may produce the same
effect.
Under this just decision. which. we think will be
sustained by all the courts, new lines OF telegraphs
are going up, and the one system Of Morse now IN
use, and abused brought under the operation oil
speedy and wholesome competition.
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