The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-13

member CT The committee, the senator IRON SCUM Saio-
lima, has said. concur with The idea which ne eh-
pressed, that this the appropriate place Tor this
amendment This rs not an appropriate bill 10 when 10
attach this proposition agreed 10 the report Of thai
committee Ia general terms The proposition ITSELF now
ever, does not meet my appreciation in all lis details
hink there is amendment which should be made 10 IL,
il il be adopted, had no understanding, however as a
member oil that committee, that II TO be offered as
an amendment 10 this bill; and do not understand tina,
il was reported as an amendment TO this bill from that
committee
Mr. AAMLlN though, i, did not come from the Sc
lect committee, | think that il is what II purpors TO
bea proposition 10 test the validity Of the various rights
OF these efsons TO who the first dscoverer and
then il provides the manner in which the distribution
shall be made but still the terms OF the amendments if
adopted so restricted and limited, think, as 10 en-
eude enc of the parties VINO claims TO be the earliest dis
coverer,
Mr. BRODHEAD / rise for the purpose of making
an inquiry understand from my friend from Arkansas
that there three parties who claim this money Now.
is there anything in this amendment 10 prevent these
three parties having mutual understanding In this pro-
ceedng the court by which one may get $50 900,
another $25 900, and the other $4,000. | think we
ought 10 put in provision guarding against anything OF
that kind II could be satisfied that This matter would
be conducted propeylhai parties woad understand
t--that the bill would be resiticed--I not sure
tina, would be very strenuous in my opposition 10 il, be-
cause this is certainly great Improvement do not
think. however, that this bill is the proper place on
which 10 attach this provision.
Mr.. BORLAND ! have a worl TO say in answer TO
my friend from Pennsy lvania do not know nor can
know what private Understanding these individuals may
have with each other, what course they may take in
regard 10 the distribution OF the money and should not
suppose that 1t was possible by the provisions OF the
amendment to guard against it, The matter is submitted
to the judgment OF the court the presumption that the
court will decide il fairly and equitably, and there
provision for an appeal to The Supreme Court OF the Un4
ted States. As TO what arrangements the parties may
make among themselves, after the judgment of the court,
and the money be paid over, of course do not under.
stand No provision exists IN the amendment, nor do
| ha aIa tn ard III
| Mr.. HALE Whether this is a matter for patent or
not one thing is very certain According to the testmo-
ny OF officers OF the afmy and navy, you using it,
The government of the United States in the actual and
positive enjoyment OF il therefore. il is agrea bene-
h if is too sublime for the operation of such sublu
nary affair as the patent laws, then let us lake sublime
discovery we using lfis not too sublime for that,
and ii II does appefta TO tbs earth. and is earthly let
deal with it in that way, and recognise the established
fact that there is patent right and that we are infringing
il to-day in the army and in the navy. Wha: is the use
OF saying to the palentee, Enorce your patent rights"
when we hold ourselves aoof from any investigation in
the courts , Can DR., Morton any one else the
United States Here are your surgeons in the army and
in The navy using this discovery every day. When DR..
Morton complains and asks compensation can he sue
the United States
Mr.. NORRIS. | would ask my colleague if he can
not bring suit against those officers who violate The
patent
Mr.. HALE. do not know how that may be.
Whether il be not, take the fact That does not
answer the aega that the United States are receiving
Inc D9neHls OF lhS discovery. why, soldiers
who are wounded. your sailors who suffering, your
sick and distressed the army and in the navy are re-
ceving the benefits of this discovery; and if you are
actually receiving and ENJOYING those benefits il seems
TO me it would not become the dignity, the honor and
the honesty of the government to tell Dr. Morton You
cannot sue us" Last and least of all would ii be be.
coming that masnan'mlty which ! know my honorable
colleague exercises in all the of life for
turn round and say, Sue the humble servants our
ohcersn No. sir. The United States have received the
benefit of this discovery Everybody admits that it is
/ IA pnpp al fhp
greatest contributions to the cause OF humanity which
this age any other has witnessed, and the world
cords TO this country the honor OF the discovery Il
seems 10 me that II II be such great benefit and
using II, we ought TO make compensation for it,
The objection is made that this approximation bill is not
the proper place for the ndment Sir that is not the
fault OF The dscoverer, be he who he may Ii is your
FAULT Mr. President, and mine, and the fault of the SEN
ate and the fault OF Congress, who have much time
TO devote 10 windy speeches and little time TO practical
business that has got to be understood that there is to
be general rush at the end OF the session 10 put every
thing on the appropriation bills, or there will be no
chance Tor practical legislation. These the facts per
Sc. Everybody knows that practical measure cannot
be got through Ii has TO be postponed 10 hear speeches
on everything else on the face OF the earth except
thing that we have anything 10 do with and the general
understanding is that when anything is TO be done
practical subjects, il must be upon appropriation bill
That is our fault and do not let turn away nybody
that comes here asking justice because it is put in this
place Does anybody believe that this proposition can
gel through at thus session, could be got through at
any time during the session, unless upon an appropra
With all Difference TO the older and wiser in the
Senate than am. wish 10 say that consider that this
is most emnenily appropriate bill 10 which 10 attach
this amendment. Why Because this bill, as under
stand makes appropriations for the support OF the
Ii you anything 10 anybody equitably for service
which has been rendered 10 the army, the army appopri
alton bill is the proper place to put in, and 10
me tina, there be bill 10 which il would be more
appropriate 10 have amendment OF this sort attached
than 10 the bill making appropriations Tor the army.
Now word IN regard 10 the details OF the measure.
have not Investigated them. | knew that this matter
was submitted TO gentlemen OF such clear heads and
strong minds and benevolent hearts the senator from
Wisconsin and the senator from South Carolina, and
rested in undoubting faith any bill which they might
report understand that the details OF this proposition
such receive the appreciation OF their judgment
upon such deliberaon as they have given it. Upon
every consideration OF order and OF proprey, (without
considering whether the proposition IS germane to the
b OF equity, and OF honesty 1t seems 10 that
thing of this sort ought 10 be done, and done now, and
done exactly in the way in which ii proposed to be
done. Then if Dr. Wells his heirs be entitled TO the
merit OF the discovery, DIR. Morton, Dr. Jackson,
let them come in and take the compensation, and let Us
do this simple act of JUSTICE because we do not do 1T
now, the danger is that we never will dol
| Mr.. BORLAND. A few words will answer the sug-
gestion of the senator from New Hampshire, Mr. Non
Rs, that DR.. Morton whoever may be the pa,enee,
should enforce his patent through the courts Has
CURED 10 the senator that practical difficulty arises IN
the way said when was up before, that in the very
nature OF things the patent cannot be enforced and
stated the general considerations But there is higher
matter OF fact, which IL seems TO the Is concu-
sive. The oil ether remedial agent as one OF
the which the medical man has 10 practise his
profession has been in from time immemoral long
before these persons their fathers were born II was
OF the established remedial agents known TO the med
cal profession and used by them IN various ways ~
lnra ice wi | ante