The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-21

ssne did entertain the opinions he ascrbes 10 me-
and the decision 10 be made by tribunal Different,
constituted from this, where nearly all the seats an
equal proportion OF all the ability Of the chamber belong
10 that profession,
The remarks I made in relation to the ability Of the
lawyer, as SUCH 10 judge OF those nice questions which
often involved pateDt suit cannot be escaped from
By constituting them into hostile charge against the pro-
fession The opinion advanced BY me was derived IRON
the professionalism OF lis most distinguished mem
bers-r0m whose legal and scientific attainments en-
abled them grappe with questions requiring both kinds
OF knowledge, and whose opinions Will no doubt be re-
ceyed authority BY OF those who follow the
binary walks OF the legal probe Jude Story says
that the patent laws the metaphysics Of the law He
evidently held that the judges were very poorly able to de-
eide such cases merely by legal knowledge, however
great il might be-
But the senator drew his argument closer and closer
upon me, until he thought he had me entirely bound
when by his last proposition he reduced 10 the alter.
native OF supposng that the Senate was not able 10 legs
late upon this subject do not hesitate TO tell him that
unaided by the officers Of the bureau those equally IA
miar with IT, the Senate Is, n my opinion, unable wisely
70 egslae upon the minute details OF patents and the
Patent Office ] think il would not deract from the
Senate but be acting the part OF prndence 10 TO those
who have special information before egslaing upon
such subjects. II is particular branch of knowledge
and there any in this body they be very few
who are familiar with as to be able to egsate upon
il with ordinary confidence 4 offering no censure
anybody, proposing nothing than is usual in
many other branches Of legislation not Intricate
this. a . IA
have said that my opinion as to the necessity Of
special court 10 try patent derived from the bar
itself have here address OF the Hon. John X. Kane
before the Franklin Institute at the close ct the exhibit
ton OF American manufactures in 1919, from which
propose 10 read extract Judge Kane, after stating
the history and steady Improvement in patent laws.
shows how Imperfect they still and hew much the
inventor suffers by them, even as now improved The
extract is TO explain the condition in which inventor
placed when he sues for the violation OF his patent
and appears before the court:
has invented laborsaving machine and obtained pat
ent for IT, He has begun TO II himself and has sold
IA nachi NvaN
suppose producing may be, entire revolution in
unanmty with which il IS adopted among his brother me.
chanicE It's in aword, just the sort Of invention that
ciety Is most anxious reward him abundanty,
Now Just IN proportion as bis vcn,icn is valuable,
Just IN that proportion Is the temptation to deraud him OF
H. The invention is pira,ed; litigation follows. for
bis exclusive title Is worthless, unless vindicaed and ia
have an interest in breaking them down, present
bned front against him.
g Libraries are rnaimaged to find in ancient books
dreamy, halformed, impractical notions bearing
less Of the complexio with the OF his
tion witnesses come from every quarter TO tell OF
trivances, like his in all but usefulness thar
upon time together in rude, imperfect necha
Old machines in the Patent Office before 1t was
burnt from their ashes refned improved gifted
when talking 81 things Of The oiden time scientific heo
rss called in, (and there many SUCH imprac
cable as they honest, who nothing any
combination of known agents) puzzle with
pulley, and the inclined plane, and the wedge, and the
screw the cardinal elements OF the patented schine,
venon has novelty, and the patent is void.
The poor inventor sits all this time the COURTROOM
haps, he hears the invention, which been
wasting his strength and his fortunes Tor lifetime,
known 10 all the world before he began, though
though OF usng till he took cut his patent and every
uses u now
rs and peadvenure he has been too poor too wise
retain the wnershp oil his pate nrght and, having
dsineresed and may be a witness himself to detail il
person the Story Of his invention.
" The story has been 10 and his case Is in the
hands his advocatesklu and men-who
have sought 10 master the SUBJECT and have succeeded
science to understand and explain the merits of their
client.
ths " we may admit the testimony Of the gentlemen OF
the bar, 10 not always an easy one There lew OF
alienation tom all other sciences except The
law Is jealous MISTRESS thai oerates divided afec.
But let suppose this difficulty overcome and that the
judge has succeeded during his intervals Of eisure
sions of his daily court studyn nany
chanics inds pensabls knowledge subject
cred by lot tbs streets aud the by-ways TO render
unanimous verdicts upon oaih--uneanod men, whose
office Is determine aud apply scientific truths when the
learned disagree arbters OF ART often iou particle
Of Instruction in us plest dialect. r.
They retire TO their and there, without books
enlg6ren them but Win an newspaper per.
haps 70 lead them asuay by distorted view OF the EVIL
drnce, or some gnoran commentary upon they begin
hcr consultations Tor unsnimy, slim ulaed lito by
psror, Kitchen and hail. on Tue aoor Of which, when
ngh comes they are permitted to spread their mattresses
and dream sdarabe Procrusean DEVICE the boast
Of which claims xpand
and contract anohe til they shall coincide. IL updsf
instances favos lie harmonious conclusion OF their
labors they obsnaey efuse 10 hiuk alike, they be
dis hafged last, and the whole affair with It's Witnesses
be begun again, and again. and again, unit twelve
sober and judicious men found In the
true verdict upon their osths.
FOR the sake OF hurrying through this detail OF Incl
dents, with which AL oiu are iamailiar let me imagine
that verdict has been rendered that il Ia IA
OF the pateni.rght aud that this Judge is far salts
he'd with II refuse the defendants motion for
rial and that there Is besides legal for submit
ting the hnal judgment by writ Of a Of
view. The patenee has trumphed IN against
one defendant in judicial district Each defend
ant, each new cause, opens anew the whole question OF
the originality Of his invention and for each succeeding
States from New Hampshire 10 Texas between Cape Cod
and San Francisco the patentee is prepared with
all his testimony TO encounter the same vexatons and
abide the same hazard.
lis this the Just and polite reward of inventive talent for
Its self devotion the public benefit have a.
over and again. who had grown In litigation and pen
uy by seeking TO vndcate for them selves the rights which
The faith OF the government was pledged that they should
enjoy. have known patent among the most meriton
Gus that have done honor couuy, which, after the
lapse OF more than twenty years. had produced nothing 10
ness, sill connuIrg TO hold the word Of promise 10 the
ear, and break Il TO the bope.'" LA
The senator from Tennessee will now perceive that his
issue is not with me, but with the bar and the bench
This Is the address of lawyer and Judge, whose repu
ation for scientific and legal attainments would borrow
nothing from my euogum and who s said 10 be one the
informed lawyers in this country upon this particular
branch OF his profession patent Let il not be said
that he attacks the trial BY jury he was directing his
other part OF his address he pays deserved compliment
10 the trial by n eaea of rphls bu