New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-06

tior Of the Office" Butin bis letter TO NJ Clifford,
written 5etore he had occasion 10 seek Justification
ofthe extraordinary privilege he had granted TO ms
friend, Keller, the Commissioner used this Ian
gusge The notice to you requiring you to hie
the grounds OF opposition you intend to make re-
fers, Of course, TO the points You intend 70 make
in Your argument 10 be presented and acted on az
the hearing on the goth instant
II arguments of counsel are not regarded as
necessary TO the action of the Office, then why
are counsel called upon by the Commissioner TO
specify the points they intend to advance IN the
arguments they are to present. which are TO be
acted on at the hearing -
The truth is, Commissioner EWbank found MIN
self caught in a bad and most unenviaoe duen'
ma Instead Of acting the part OF an independ-
ent and an upright public officer IN the exercise
of a most delicate, responsible, and dangerous
poWer-that of extending or refusing TO EXTEND
Patents, in many instances worth quarter OF
million of dollars each-he had abused the power
ntrusted to him, by joining one OF the two parties
contending before him, and aiding It IN th"artlnS
and defeating the wishes and doing injury 70 tue
rights of the other party. =.
To relieve himself OF this dilemma, be repudi'
ates the rules and requirements which he lalu
down as binding to his official letters TO Mr. Day
and Mr.. Clifford, already cited His otfeT'A0nght
does not help him.
But there is more evidence TO exhlolt the par
tal leaning of the Commissioner towards one par
ty and against the other. To show the difference
10 MS style OF addressing the gypsum ~ON"9S' "
the two parties at issue the following letters are
given. The first is addressed TO the counsel oil
the party asking for an extension OF Ohanee al
emit oo.. I'LL. ,oso
Sir Yours Of the 9th, slso The [5n are auy @ &
The FIRST asking posponement Of the hearing rom tne on
to 2oth August has been duly considered eno hs pe
ton granted you request In addition 70 nus nave 10
state IN answer the letter Of the tstn mat MI n n
Day Of NewYoA has been no5ed a, ms Se qs bs t 81 Of
August next the grounds OF his opposition concsey ana
specifically forth in wrting aud when s1ch notnc4i
ton and The grounds Of me opposition are ned you VIII
Uniformed and The copy OF them could De lulnseu you
in the usual way IN proper 10 say n Jun b ioss
niteness The in the circular that there mas been no
case until the present. least for long lime wnen rules
we've reoujred Orlv single Examiner has had case Of
extension where opposition was made ,os vu,o.NK
SETH P srAfEss' ESQ, New.YoE"
Here is notice, on the part of the Commits
sioner to the counsel Of the party asking an ex-
tension of Chafee's patent, that he can have
copy of the notification and grounds OF opposition
which the party opposing the extension are eA'
pected to file ia the Patent Once.
Now, observe the tone OF the same commission
err in his correspondence with the party opposing
the extension. In his letter to Mr. Smales here
tofore given) he says The specification and Pc
tition of Mr.. Chafees application are not puohc'
and not open 10 inspection
Mr. Day addressed the following letter to the
"NEw.YoRK, July "A. 1850.
|
the Patent granted to Edwin NJ Chafee dated 3lst Au-
gust 1885 q, ri,oa fooo, ma o,ber
than his as do not exactly understand my rghs IN the
es u HsSen me- Of the latest dates at which OBJ
iectons can be fled Ne'p0o''-Ist}f0 R ACE y DAY.
"Hon THos EwBANK. Com. of Patents, Washington"
In reply. the Commissioner did himself the
honor TO write such letter as follows;
PATENT OFFICE 18th July, 1850
Sin Yours of the -th asking Information respecting OPP
tha of y. Nj Chafee Patent TOT llOld
Rubber Machine 10 duly received In reply 70 you qIe
RES refer you topages IL and 10 Of r 9e
H. Ii. Day Esq. New.Yo
Asthis letter was not satisfactory to MIR. Day,
and his counsel, George Clifford, Esq the latter
gentleman. on the LIST Of August, 1850, sent by
Telegraph the following letter, which was re-
ceived on the same day at the Patent Office
"Hon THos. EwBANg As counsel for parties opposing
the extension Of the Patent Of f. M Chahse may asa
whether by your letter to Fl II Day and printed lnsuc
tons page 49, you by that all the testimony and
arguments as well as the oouncsuon sno gtoupas
OF opposition, must be fled by me on OF August .so
whether Il will be within your rules to glyeaco OF me
applicants papers after the pPonent mas hlea s Peoh
for an extension OF Tue rS''O' GEORGE CLIFFORD"
To this the Commissioner replied as follows
"PArENr OFFICE, August ls, 1850
SRYours respecting the extension OF Chaiees Patent
The Once meant bv its letter to Mr. Day say, that he
is required file in the Patent Office on or before the ON
of August next the grounds Of his opposition to the extern
sion gely and specnCdlly Sci lOIAu III "IhluS
Ills not within heres Of lhe Office to give copies OF
the mbong the EPp s 6T S 0 ts ss s
and in thai Of lsiS' N''p'''TTIHG6s EwBANK
81 II DAY care Of GEO CLIFFORD, Esq"
Wallst, New-forh
Now. there are no such grounds set forth In the
act of $50 as the Commissioner asserts. On the
contrary, the 4th section of the act OF 1886 pro-
vdes as follows
And comics of any records books papers drawings
belonging 10 the said Psenp Office, under the signature
of the said Commissioner when the once sna De va
cant under Inc signature Of the Chief Clerk with the said
seal affixed shall be competent evidence IN al cases "a
which The original records, books, papers OF uHwnss
Iouu O he ce1I16e5 copies OF The records draw
pgs and other pspeIs deposited m ssd once On Psyus
for The written copies the sum OF ten cents or every paseO
one hundred and for copies odrswugs the reason
able expense of making the same
1t is true that the Commissioner, IN Parenthesis'
in his letter Of August 3, 70 Mr.. clifford SAID,
YOU now have TO the Goth TO enter testimony.
But his previous letters to the party opposing the
extension all required their grounds oil opposition
to be filed by the 9TH OF August
But what was the conduct Of the Commissioner
in regard to the time of filing Mr.. Chahee state
ment in the matter OF his application lot tue ca
tension of his Patent This Statement is IN,
dorsed as follows in the Patent OMce " Received
| August 70, 1850" 1t runs as follows, to Wit;
"ln the mstier Of the application Of Edwln NJ Gnsee'
for the Extension OF his Patent dated ost august o
Edwin Nj Chsfee, ia account win me- FS'eh~ "Seu ''
August 1855 ...., hahn. d,,y .vvorp. DOH
Edwin NJ. ChSiee, above named. being GUY sNV 49,
depo,e and cav he values his Patent without
TO The subsequent improvements IN The cure OF oala o
her and IL stood when he conveyed II 10 inc NoAly
Company hundred thousand dollars Du "a eonueS
with the Goodyear subsequent improvement aS
Patent worth At lessttwo hundred snd My ~
dollars The ROxbury Company, 10 whom cohNeyrus
Patent according 10 their account ss nave 49, ~ ~
paid about hily thousand dollars for The expenses o Ia
chiuery experiments in per-ciing said ln enlou
SAID Company, about the lime they cohcuioI 70 soP a.
give up the business allowed me FOR ser iees w,a' a.
called len thousand dollars but was really aer
the discounts witch were made, about seven ~ ao
lars. That closing my concern win solu Su-NPay,
about thousand dollars was allowed he toi T11
wsees nsking in the whole eight thousand ooaIs lual
az ssid Company stopped ard gave up business So 80
deprived OF he advantages supulsei Tor lh ny 40
trSct found, closing my concerns Wth SSH NuF5;
that really had received nothing for my luNeniV ~ -,
nofhirp and been a. Wen % urticI