The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-12-20

clan rhess cases we're II every day occurrence
sud ths coarts toslnd dilicuisy Ia getting along
~ith them. Moreover, II judgcs ~eSe inconpsteni
"a Try patent cases. the Same agreement would
seem Ia convey ths c0nsiCtion that the senate IA
not competent frame Laws ir, or legisats on the
subject; but that this ~hos business u invention.
and patents should be turned over 10 sous special
Con gress compoessl a scientific men.
Me- DAVIS, u Mississippi, rcJoined, repeating
his We've and cited the opinions of Judge story
and II Judge Kane 90 sho~ that the idea 0t trying
such cases by other tribunal than those Oi the
courts of la9 ~as entertained ny men 81 great To-
D gal ability.
Nj. SEWARD said that b. understood the
Ane ndinent before thc Senate ~As 90 The eject
that whenever a suit shall he brought 90 recover
Zoe an infringement of patent right, the defend
ant n such suit may out writ ~ sctcs gsesas,
and have tho validity Of the patent tried and that
la the mean time, and until The sctfs facsas should
be tried. the original suit should be- stayed tie
could NO benefit Ia result FROM this course Lu'
CATION, far the number VI suits Was concerned,
would not be lossencd The only change he cav
was, that, when suit was brought Or an infrtnEc-
ment. the acre Jaetas authorized change VI par
ties, that IL, made the plaintiff defendant and the
defendant plaintiff.
Hc could not see any benefit 10 result from the
provision contained in the amendment The judg'
ment on the scus facsas would determine nothing
more than what would be determined in the Origi-
nal suit, for In each the validity oi the patent
would be tried. Nor would the Judgment ON a
taeias Ia court be conclusive Of the ques-
ton beyond the judicial district oi that court which
adjudicatcd the matter. In reply To question by
MIR. DAYTON, MIR. =. explained that, la saying the
Judgment would not be conclusive in any other
court, he desired u be understood a saying that
between other parties the decision upon the quos-
ton of the validity of the patent would not be con
elusive beyond the jurisdiction OF the court IN
which that decision made.
MIR, TURNEY replied at length to the objections
| urged against the amendment, and the question
being taken, the amendment agreed To-
Mr. TURNKEY offered an amendment, which
agreed to, To the effect that copies Of specca
| tons of inventions patented in foreign nations.
when properly certified and authenticated, may be
offered in evidence the trial of all involving
the validity of patent. TO show that the invention
was not the discovery OF the patentce, sc.
Mr.. DAVIS, Of Mississippi, offered amend
ment as substitute for the whole BILL which sub.
stitute, and the amendment proposed by the com
mittee, were ordered To be- printed.
MIR. TURNEY moved that the bill be postponed
| till tomorrow; which motion agreed 10,
Mr.. BADGER moved that the bill bc laid on the
table, which motion WAS agreed toyeas -,
nays II
lourn, ii be to meet on Monday.
Mr.. DODGE, OF Iowa, opposed the motion, and
called for the yeays and nays, which were ordered
The question being taken. the motion was agreed
to, follows
YEAS Mcssrs. Atchison, Badge, Benton, Der.
rien Chase, Clarke. Davis of Mississippi, Dayton,
Douglas, Ewing, Foote, Gwin, Mangum, Mason,
Miller, Morton, Phelphs, Pratt, Seward. and Up
ham.-20.
NAYS,-Messrs. Baldwin. Borland, Bradbury,
Davis, of Massac husett,. Dodge, Of Wisconsin,
Dodge, of Iowa, Downs, Felch, Hamlin, Hunter,
King, Norris, Sebastian, spruance, Turney, I'M
! derwood, w ales, and Waker.-ls.
And then, on motion, the Senate adjourned.