The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-16

the court tosk the osss under adviseusnt sad made
two or three adjounmeots Of It, Before tho sxpra-
ton Of the last adj0urnment the IL Ut 1913 WAS
passed TO which have already referred. and whish
provided "that the power to extend PATENTS, then
vested in the board, should DO thereafter vested
solely in the Commissioner OF Patents." What was
the effect Of that act ?thac is tho question. Gentle
men say it abolished the court and destroyed oil
the pending cases. Thus deny. Ny brother Em.
met admitted that i. did not repeal .ho 18th 500
tion but then he aad that ought TO be Construed
just as If il did For VIII ut end who ia to be bono
fitted! What policy Of the law Is to be subsorved.
No, your honors, it only operated 10 rejuce tho
Der oil judges who eat on the bench from thres to
one IL ia exactly as If law should be passed do
clarpg that the to hear and determine suses
nowyested IN their h0n0rs Judges Nelson and Belts
should hereafter bo vested solely IN Judge Belts
| Under such Law would any ono think hat the
cases pending before this court foil cut Of court and
bad to be commenced anew, suppose not; and yet
| that lie this case. What has the single Judge con-
fered On him by the act, The po yer to extend pa
tents; all the power that the old board had: tho
power to extend we'll those cases which are pend.
ing, rs those which might ariss thereafter Tne
next clsuse of the sentence 10 the statute Of S il
directory to the Commissioner, as ministerisl oil
Ger; " eDaots that "whon an application Tor extern
SIGN is made 10 him according 10 tho said 18th sec
ton, AKA sixty days notice thereof g,ysn, SIS no
shall proceed to decide the case Now this is an
sEebonent OF analogous provision OK the 18th SEQ
tion,a ocesno touch the question Of ursGcti 1t
Only areN the time Of Advertisement from lade6
mite to definite time IL does not apply TO pend
ing cases which have already been advertise
AID over which the Commissioner had obtained
jurisdiction But this point is settled in this very
patent. The case of Colt rs the Massachusetts Arms
Company, in which the argument for the defence
made under leave of toe Court, frat asked aud
granted by three c0unsel-Mr Staples, Mr.. Choate,
ana Mr. Ch spman--each OF whom supposed,
by the very fact Ct the extraord mary re-
quest TOR three counsel, to possess scme vir-
tue or excellence tor this class Of questions
which rendered him peculiarly fit to argue
his division of it, and in which Judge Spraguo.
of Boston, delivered Judgment, decided in our
favor, and an injunction granted Judge Sorague's
opinion read FROM and he thus expresses the views
Of the Circuit Court Of the United Stat in Nassach
stts--" he court would be very sloa TO give a con-
struotion, that is, that the pending case foil by
the passage OF the aos Of ~, (which would work
such injustice end would only adopt it upon clear
and uneQuivocal language, which would make such
. construction unavoidable. The language 0! the act
does not require such. construction Its natural
meaning is, that the Commlesioner il to exercise
the same power that would have been exer used by
tho board if the act had not been passed The
powers formerly vested n tho board by the very
terms of the act now vested in the Com mis soner
and he, therefore, succeeds to the board, just as
new Secretary of State and other members of the
hoard would have succeeded to the old members on
their going out Of 0fise il this act had not been
passed. i an Of opinion, therefore, that it was
competent 20 the Commissioner to take up the old
cases, pending before tho board, and to act upon
them ii the state in which they were, the board
/
think an injunction must issue"
But gentlemen say that the Commissioner to ok up
this case and decided it before the time TO which it
stood adjourned What Of chat z Due notice had
been given to all the world TO appear ami show
cause why it should not be extended no one did
appear, and the law gives the world no other day
TO appear than the day assigned By the statute
No one appearing to oppose, the court adjourned
The hearing for Che mutual convenience of them.
selves and the only party who before them; AMI
VIXEN il vas mutually convenient they could take
il up and act it. No other person was interested
ia the result except tho Petitioner the whole world
han s,snied their assent TO the extension by stay
ing away an0 making no opposition. and the Com.
missioner is charged with the of the govern
Mepts interest Its just like baukrupts di 'charge;
the police liz given that on certain day he will be
discharged by tho court, unless coed is shown
TO the contrary. No one appears oppose, and the
day given 10 creditors is passed. Tho court, how
for itsown satisfaction insructs che petitioner
to furnish certain other proof yet furnished aud
a6lourns the hearing TOR that purpose TO future
day. Sooner than the day fixed, the proof Goa mes
in. Would il not DO competent for the court, being
then satisfied to take up the CAGE Undoubtedly
1t would; nnd other court could inquire into that
exercise ofuisdiction, and reject that discharge
Insufficient
now turn for ono moment to the next question
hero Was there verdict and Judgment oa this
IateDt. Here is the record which settles that point
Blu. gentien assail that verdict. aud attempt
to discredit that Judgment by evidence Absnyd
il may seem, 1t is even so: aud this E7giah gun
smith, Biebcp, and this grca. " bill Of As5h," Con.
Harvey, VINO sat here an court during the most Of
this argument, are the Instruments 70 do ii with.
Thay swear that tho Circuit Court Of tho United
States ut Boston decided contrary to law that they
ruled out evidence which ought 10 have been adj
mitted This - now feature ~ the patent Law
practice. We have heard Of experts ia eohsuios
and phJ sizes, but dare say 30 one ever heard be-
fore Of expert in law. whose 6nty aud Office it is
TO Fit in court, snd decide ON its decisions
70 snatch from his hand the balance aal the rod,
Rejudge his iustce-be the god OF God
could not conceive What this General Harvey was
doing hero. sitting close under the bench daring
Thu argument: but now perceive that it 20
supervise your hOnors, so that when y9u have
granted an Injunction, and we move in another
court Tor ono, no can come there aad inform that
court OF your honors' errors. Let US look, fret,
into the Dill OF exceptions, and whether Mr..
Choate excepted to any such ruling Well, he did
not; and thtre is nothing in tho record to show
that any such ruling was made. Ut course ii there
were such ruling it would reverse tine judgment,
if excepted TO but, by some fatality, poor Mr.
Choafe seems 10 have missed it, and il reserved
for General Harvey to discover il Now, look into
tho Statement OF the General, and SEQ what this
point He says that. after Colt had proved bis
invention to have been made as eaciy as 1881, the
defendants offered evidence to rebut it. and their
offer was rejected. OF course they had the evil
douce to disprovo the fact that the invention was
mace III 81; aud it certainly is very important to
thCgo defendants row to show that 1t not then
made Where is that opideuce9 No single witness 10
called tor that purpose, except Lazei!o who swears
that be know Colt from July to October Of that
year, and he did not know OF his making any gun
during those three months That is ali the attempt
70 dsprove it now, after year has elapsed which
has been passed In rakiog the country for evil
dence. Compare Lazelle with Eastman, and
how the same sort of stuff is used for opposite ends
After such a complaint as this that the court did
them injustice liz this meter, might have rea-
sopatiy expected some better show vi g cause for
complaint than this The fact To- t5at such offer
made IN Boston But have already tab on up more
OF your honors' time, in commenting on such trash
as this, lhsn / ought | thank your honors for tho
consideration and attention which You have shown
your honors most decide that Colonel Colt is en-
titled to whatever Of gard the world is willing 10
give hi Tor lis great aud valuable III enton, with
out being robbed either of it's honor its profit,
submit his case to your decision.
supreme Court~-Spcrsai Tenn.
Decision BY Hon. Judge Roosevelt