The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15


LosoPHY or ADvHRrIslNo.-We pubtish elsewhere
in our columns very curious argument. made by
Mr. Webster, . few weeks ago, during tho trial Of
the famous India rubber in Trenton before the
United States District Court Of that district The
subject Of India rubber is rather dry, but worry
elastic, particularly when it gets into tho hands OF
such a profound intellect as Daniel Webster. A
great deal Of nOi,e has been made about this India
rubber case, and much money has been expended
in contesing it by the two individuals claiming the
patent, whose names Horace Ii. Day on the
one side, and Charles Goodyear on the other Vast
sums of money have been paid by both these
India rubber personages for the FIRST legal talent
in the country, in conducting the pleadings aud
making the arguments before various Judges. The
business, il seems, must be immensely lucrative, to
enable both the claimants to pay such high fees
and such largo for reporting, advertising, and
making a noise about the manufacture of India
rubber. Indeed, we have sometimes thought that
the whole fthe contest between Day and Goodyear
looks as if it were species Of advertising-a mode
Of circulating through the highest legal minds of
the nation, knowledge Of tho invaluable article Of
India rubber, rather than for the actual purpose of
deciding which of the claimants has the rightful
title to the patent in dispute.
If this idea be correct the scheme is very ingeni-
ous but it is o mere improvement, modification,
Of those which have been invented, adopted, and
practised by other eminent men in different lines Of
business during the last twenty years. We know
what the advertising business Of this great metro
polls has been for than thirty years past. In
the time of old John Lang and Amos Butler, the
respected editors Of the two leading journals Of their
day, neither Of which had hardly as much as a
single newspaper carrier for the twenty Of the
HERALD-in those halcyon days Of old, the business
Of advertising was only practised by shipping mer
chants jobbers, and few other old fogy" per-
sonages. No others thought Of using newspapers to
make their business known to the rest Of the world.
When revolution took place in the management
Of the newspaper press, about the era when the
New YORK HERALD and similar journals COM
menced their existence, the philosophy and practice
of advertising, as trade and art in ITSELF began
to be studied by many ingenious men of that day,
among the first Of whom was Dr. Brandreth
and some of his competitors. At that time,
DR.. handreth, to the newspapers then started
under the new system, frequently paid as much
as twenty or thirty thousand dollars year for
advertising alone These advertisements were inge-
NOUS philosophical medical theories the science
of heath and pill taking. People read them on ac-
count Of the briliancy of the narrative, the philoso
ply Of the argument, or the cutosa ficitas Of the
expression DR.. Brandrcth made an immense for
tune by the new system Of advertising. Still moro
novel improvements, however, were made in the
system; and one Of these, we remember, was that
adopted by DR.. Comstock and his brother, who
commenced law suits against each other in relation
to their respective medicines, and by having these
suits perpctuay agitated in the courts and reported
in tho newspapers, managed to have the merits Of
their medicine, to which each Of them claimed a
title promulgated through all the newspapers Of
the city and country, almost gratuitously, in the
shape Of law reports This most ingenious i'm
provement in the system of advertising, and was
followed by good many others
Banum was another genius in the advertising
line. He was famous for his certificates the poetry
Of his announcements the novelty of his programme,
and the philosophy Of his whole system. OF late
hattcrs cap-makers brooches makers and all sorts
Of trades have adopted novel methods of advertising
through the present system Of journals, which pub
lish by thousands and thousands instead Of hun
drcds, as they did twenty or thirty years ago.
From these and other facts and circumstances we
4
nous legal controversy between the ingenious Mr.
Day and the equally ingenious Mr.. Goodyear, con-
testing which has the legal right to the patent
Of this valuable mode Of manufacturing India
rubber goods Of all kinds is one of the most
no9el systems of advertising the character of their
goods that has ever yet been invented from the time
Of DR.. Brandroth to tlae present day. There are
thousands and thousands Of persons who viii sit down
quietly and read speech Of the great Daniel Web
ster, on India rubber, who would never think Of
reading an advertisement, stating simply its great
qualities if found in the advertising columns. Then
others viii be anxious to see what hisantagonst had
to say on the other side of the question, and this will
lead every to know and pick up all the informa
tion relative to the invaluable qualities Of India rub
ber and the many uses to which is applied in The
present day.
BY this system OF having suits against each other
md making great noise and fuss about the trying
Of these suits, the whole world is made acquainted
with the curious and novel articles into which India
rubber may be manufactured, and the consequence
is vast increase in the trade and sales Of the two
rival houses.
If this theory Of explanation be right, it shows
the ingenuity both Of Mr.. Day and Mr.. Goodyear
description Of goods. Both parties necessarily
praise the quality Of these goods, and puff them in all
shapes and forms The public, Of course, are ire.
sistby led to believe that all this is correct The
greatest lawyers Of the country brought before
them, from Daniel Webster down to Mr.. Brady, and
are cuogizing before the whole world the invaluable
qualities Of India rubber The sales OF the articles
increase in both houses. The house of Day and the
house Of Goodyear manufacture hard as they can.
and sel as fast they can, pockcting the profits.
In the meantime, the rest Of the world, and those
who would enter into the business, are proyenie |
from looking into it. or investing capital in it, in
consequence Of tho belief that there is doubt about
the patent, and that these two personages must
have the battle fought out and decision made be-
fore anything be done in that line outside Of the
two rivals. IT. therefore, by this system Of pTosecu-
ting suits, employing lawyers making reports and