New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-07
To THE EpJroRs.-THE COMMISSIONER

OF PATENTS AND HORACE II DAY-STuPENDoUs FRAUDS.
Inventors and Patenlees fraudulent The Comms-
stone Of Patents himself and all the Examiners faudu
lent Senators In Congress are unfolding fraudulent rat
eus Laws must be passed Tor the security OF nngers Oh
The who first oeecIs flaw IN q Patent mas
made useful discovery and deserves eqaa sgs G
his protection The Patents are good one oay and
fraudulent the next, and laws are necessary ior sner re-
peal the interest caprice Of H. H. Day may nuctuate
Tor or against them In al this Day Is aborng merely for
the public good In the bill now before the Senate, intro
dced Mr. Turney IL not 10 be supposed that any pr
vste legislation 10 solicited that Mr. Day desires 70 be
delivered from responsibility TO Mr.. Goodyear as an 10
finger OF bis Patents. Certainly not II Is public BILL
The very title Of the bill indicates that the source and orr
gin OF provisions lie in the Constitution ITSELF which pro-
vides thar Congress shall pass laws to promote the pro-
gTess OF science and the useful aris
But nevertheless, there is pressing necessity FOR the
passage OF this bill by Congress a. the present session. for
The public and manufacturers Of India Rubber are later
esed
self instantly Of one Of lie provisions, by stopping Mr.
Goodyear from bringing 10 tria bis suits for infringement
against him April that might be nconvenent and
1t would be agreeable 10 manufacturers OF India Rub
Der II these suits could be put of year longer Mr. Day
does this bis account but account Of
the manufacturers Of India Rubber in who're welfare he
has always felt the despest solicitude
Besides II with the profits another years piracy the
Patents Day falls in breaking down the Patents on their
merits M buying another night he may neverheess set
the Inventor a. defiance under another provision OF ths
BILL which 20 the man who rst detects nsw In the
specification Of the Inventor rights denied to the public at
large and which treats such d,coverer as de'eryng OF en-
sution that Congress shall pass laws TO promote the
gress of science and useful ar"
short history of Day operations IN India RUBBER Pa
tent causes may not be unineresng 10 Manufacturers OF
In lsa5 bay insGgssd one Solomon G. Warner to set up
. claim the Invention for which, Day proclaimed
In oil the newspapers Mr. Goodyear had surePuuousy OBJ
tanned Patent and which Patent Day infringing and
testimony taken both sides, and decision
made by Hon Edmund Burke, Commissioner Of Patents in
favor OF MIR Goodyear An appeal was taken from his de-
cOn to Judge Cranch, and was argued by Days counsel
and the decision again In favor of Mr. Goodyear and
40 this fraudulent Patent established aud the excu-
siye RICH. under i was aiIerwsrd bought BY Day
ton better known In It's application the Providence
Overshoe and sold the Patent Right and the marufane
of these OvershOes carried under the Patent by
Governor Jackson and Or L. Hartshon, at Providence
r. aud the best OVershoes that were mace, rntu
superseded by the later invention OF Mr. Goodyear Of the
metallic or vulcanzed OveTshoes suit for infringement
Of this Patent brought and s validity contested and
Day was PIssen. near s wnO sc He snd s ssd IN b
bali OF the defendants hut without other interest or o.
iect thar could be discovered except that of being nstru
mental in breaking down the Patent invalid becahse
Dir Goodycarss, and OF then proclhlnng II 10 tie
World tending 10 sonnrm ms sDdsve n p s
here again disappointed and the validity ofthe Patent was
established in this case as has been the case with every
Ia the Summer Of 1850 Mr. Chahee applied 70 the Gem
missioner OF Patents for an extension OF an exceedingly
valuable patent for dispensing with the use OF solvents IN
the manufacture Of India Rubber The application was oP
posed by Henry Newell who turned out to be clerk In
Dayssore-Day himseltbeDg witness N me case me
extension OF this patent opposed by Day, for Day had
lnfnged upon it, and had declared this Patent to beaudu-
lent also and unwilling pay for the use OF H. although
its value and importance was great, that Without he
would be compelled 10 discontinue the manufacture Of In
dia Rubber altogether large mass OF testimony was Ia
KEN and the arguments OF eminent Counsel submit
eed and Day again defeated The Patent was found
valid and extended aud here 10 the key all the charges
Of fraud and corruption that have been unsparngy
hesped by Day and his friends upon The COMMISSIONS OF
Patents The Patent extended in the face Of the de-
nuncatons OF those In Days interest, and threats OF I'M
peachmen against the Commissioned he should dare de-
eide In favor OF Mr. Chaee and against Day and his clerk
This Patent was owned by Mr.. Goodyear but Mr. Chafee
interested in the extension Day has also been prose-
cuted for Infringement OF this Patent and the public
good that the Paten Laws should be amended so
to legsse piracy In such cases and by giving the man
What has become Of these ,hTealsl why does not Mr.
Day there any truth in his charges ask the Senate LOT
the appointment OF COMMITTEE to examine into e suV
Iectl no viii oppose H. Tie testimony In the case
of Mr Cbshee cut OF which have come all these bes on
he Commissioner Is open toipsPecon and witnesses can
be called
But show how HUE reliance can be placed in Days
statements. single exam pie in passing will suffice
An action broug at against Day by Mr. Goodyear, for
breach Of covenants contained in his sense 10 Day. IN not
paying The three cents per yard iauh not stamping tne
breaches Day up that he had not been protected In his
exclusive right, which was condition OF payment On
tine issue the Jury found verde, for The defendant One
Issue as found Tor the plaintiff wit that the agreement
cured eeg rsphc dispatches be senover the country TO
the effect that an issue involving the validity OF GoodyeaTs
Palent had been found against Goodyear, augng TO the
verdict Of jury in the action for breach ofcovensn and
that In the very face of decision that had been made
few DAYS previously by Judge Grer the OF
the Court establishing tbs validity OF the reissue OF The
Patent In question.
These statements are made as simple net OF justice TO
Mr. Goodyear and his licensees There is wide contrast
Ia the conduct " Mr. Day and that of the other licensees OF
Mr. GOODYEAR as respects Mr. Goodyear and his Patents,
and Ia the pecuniary resps which have followed II Mr.
Day had respected The ust rights Of Mr. Goodyear aud his
licensees Day would have been spared the necessity OF re-
sorting mortgage Of This propsry 10 defend his plrscies
Mr. Gsodyears Patents and to the miserable shiit OF
applying 10 Congress TO legisae him out OF his troubles
under The shallow prttexi ~ seeking TO promote the pro
gres Of the useful arts by the amendment OF the Patent
Laws.
But Il Mr.. Goodyear and his licensees have no claims
upon the consideration Of Mr. Day, think his creditors
have aud that the money spent in attempting 10 procure
the passage OF such laws Mir Tuney Is advocating,
could have been most probably applied IN the honest par
Of bis business under The license which he had bought
from Dit Goodyear.