The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-13
IN CONGRESS- OF THE U. STATES

FRIDAY, FEBRUARY 20, 1893
I'm cosrIsuArloS.l
SENATE.
nE MOORE AND HAsCALL
MIR WALKER This case having been once before
necessary 10 20 The entire ground then occupied 10
the discass,on but wish 10 say, repeating what men
said that this is matter upon which nave bestowed
good deal OF attention Since the subject was formerly
before the Senate have had very Tree conversation
with one Of the parties particularly interested MI
Moore) had that conversation, WIN IN nope INA.
laon which has heretofore been awarded 10 persons IN
the extension Of patents | regret TO say found him
what am pleased TO think unreasonable IN lns demands
being Unprecedented do not think that in any coun-
try on the face Of the EARTH where institutions 10 grant
patents have been established such egisla IN as this
was ever asked at any period OF the worla. Now !
wish to contrast this measure with another one which is
within the line OF ordinary legislation, and which |
hold in my hand. This bill for the relief OF Moore Has
call provides That there be, and hereby is. granted
TO Hiram Moore & John Hasca citizens of the Untea
States their hera and asssas ard sgsi represent
aves Tor the term of fourteen years. from the 27th day
What 10 granted! A renewal of patent OF partcu-
lar date Not al all but this: The full and exclusive
right and liberty OF making. constructing and using and
vending to Others to be made used the improvements
for cutting, threshng, cleaning grain. which were
vented by the said Moore Hasca either OF tbem and
embraced in the model drawings, or specifications con.
neced with ettespaen granted them on the 2Sth day
of June, 1885. for machine commonly known as Moore
& Hascalrs harvesting machine" Not only This they
are not only to have the ful and exclusive ghl OF ma,
used all that embraced in their patent, but something
more I" Together with the improvements invented by
them or either OF them in perfectng said machine, or
any part thereof from The date Of their original patent 10
the day from which the is hereby renewed and
tendpd and the Commissioner OF Patents is hereby di
rected and required TO make certificate of such renewal
and extension, and append authenticated copy there
Of 10 The original patent. with the proper specifications
and clams" All proposed to be granted, singular
TO say, without even the solemny OF an oath being re-
benefit extended 10 them 1t is not proposed that The
Commissioner of Patents shall take into consideration
the claims and specifications made by these parties under
OATH and allow them renewal of patent for what they
have invented but il is proposed 10 give them in the Ian
guage OF this bill, these exclusive rights TO what they
may have either secretly publicly discovered and in
vented from the time OF the original patent down to the
time at which the extension commences.
This them in point OF fact is not the extension OF
patent but il is the grant of patent and il not
only grants patent for what has long since vested
in public proposes not only to take from the pub
lie what has long since been vested in them bat to take
it under circumstances OF the most peculiar kind Why
sir some things that are claimed 10 have been invented
by these persons have long since been patented by
others Patents for some things that claimed by
these gentlemen and of which they wish 10 avail them
selves have even expired Fourteen years have in
favor OF other patentees and upon some o The very
items for which il is now sought by legislation to obtain
h Mr.. NORRIS Will the senator from Wisconsin be
kind enough tell what these things are that have
been thus patented by others
Mr. WALKER. II the senator will tell me what is in.
cludsd in any other reapng harvesting machine in the
country, | will Tell him what il is they claim What is
proposed be done by this bill II is said by its friends
thai II is q mere extension of patent Is it SO? No,
sir il is to 60 behind the original patent, for il includes
anything which they invented. which included in
their model drawings, or specifications The model has
been burnt and the drawings and specifications do not
contain some Of The very things for which understand
these gentlemen seek TO get apatent Them those things
in the burnt model and they TO rest il the Senate
please, upon the oral iesmony-upon the failing memo
~ persons who seventeen years ago. may have seen
something in that model which is now burnt, and which
they come forward aud swear 10. dependent upon
their Even the parties themselves are not re-
qured to TO their invenons bat the failing mem
ory of man, without anything OF authentic character
being found in the Patent Office is 10 be relied upon TO
show what was in that model which has so long since
But the bill goes further. 1t gives them not only an
exclusive right make and and TO vend to others TO
be made used whatever may be included in the model
drawings, specifications, bu, i includes everything
which these parties may say they have Invented IRON that
day down the day which the extension takes effect
many OF which things il is not pretended are even con-
tanned in the model drawing, specifications How are
you 10 find this ont Are you TO go to the model That
burnt Are you TO go TO the drawings and specihca
IONS They 90 not show these alleged improvements nu
another OCCASION when this subject before us, they
10 resort to the vast multitude, and find out from the
dim recoleclions laid away In the memories OF men what
these gentlemen have invented from period seventeen
years back down the present day Other PERSONS when
they Claim patent, have 10 go TO the Patent Office to
submit their calms models drawings and specifications,
10 be examined by the proper officers; and II they be
found 10 conflict with other patents other claims, notice
given TO other parties, and issue OF priority made
up The parties required TO swear and there trial
that issue Of priority, and patent issued the result
OF that Trial matter OF right But here asked
TO steer clear OF the Patent Once. avoid all the laws
which regulate the issue OF patents, and bindy, by egs
1aon, 10 give exclusive night TO these gentlemen not
only 10 what they may prove was in their burnt model,
and which does not appear the drawings spcchca
tons bat also 10 give 10 them the benefit OF everything
which they may be able to show by any kind of tes-
mony that they invented from period seventeen years
back down 10 the present day. think this is gong
little too far.
promised, when rose, TO contras, this bill with
another one which hold in my hand The commence.
ment of the bill is this "Tbat there be, and hereby is,
granted Hiram Moore and John Hascall and 10 their
heirs aasgnees, and legal representatives for The OF
fourteen years from the 27h day of June $780, the full
and exclusive right and liberty OF making constructing,
and vending to others, to be made and used" &c
hold in my hand bill for the extension OF patent,
which is in the usual form, and how does that read
That the letters patent granted TO Cyrus Mccormick.
citizen OF ths United States dated the 2st day OF June,
~ the year OF our Lord 1894 Tor and useful improve
mens in the machine for resplng all kinds OF small
gran and also other patents taken out nj subsequent
dates which sre given, shall be extended" TO certain
period The provision there il ba, his patents shall be
renewed and extended Therefore, every person else who
may have any ground for conflict with him as to his
rsh, in and the patent upon the Of
PIE extension Of their patent. but they ask you TO legis
late 10 them the exclusive right at once, and there is no
hope left for anybody else. .-. s..r.
Mr.. President, this bill sweeps away the rights OF