Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1854-07-07

| aHe0, ~ oea noIoiy oe sASs SonSreSS viii bt
able to dispose of the bill reported from tb,
sonste's Committee on Patents, a week or two
since. by Senator James,-that is, before the
| end Of the present session. This is 10 be re,
&, cited, inasmuoh as 1t Il now well understood
by all among us interested in any way in
patent rights, that there is no other branch OF
the laws Of the United States requiring 80
thorough remodeling a. those bearing On pro,
perty in, and the use or Infringement Of pat
ent rights, which (the said laws should be
based wholly upon axod principles and
rules Of seton, rather than through success
full drumming with Congress. We are NOT
competent to express an opinion as to the
merits Of the details of the important bill re-
ferred to above; though We know that it was
matured by the committee only after mosj
iaborious investigation, In the course Of which
not only well-known extensive patentees and
their assignees, and persons famed for their
legal squabbles with such parties, but judges
and lawyers Of extensive patent-oase practice.
were duly and patiently consulted and heard
We may Of right therefore say, that this hill
viii command the attention Of the many thou
sand intelligent citizens Of the United States
directly interested in the subject. 3 -
As far as We can learn, the main objects Of
the bill are to prevent the improper issuing OF
renewal of patents in the Patent Office; to
protect the rights Of patentees and their as.
signees -at-law, more completely than at pres.
ent; to prevent the law from being used BY
wealthy patent-light holders, to give them
property in Improvements made By others, as
it is much too frequently used at present to
establish rules and tests as infexible as laws,
which must in all cases be complied With OF
verified before any patent can be extended;
and lastly, though by no means least import
ant, to prevent the abasement Of the Govern
ment's pledge to secure to inventors and thei,
assignees absolute property in their inven.
tons, which is hourly going on IN the Nay o,
the Importation from Canada of articles made
by machines patented in this country, to the
almost entire destruction of the value of the
original patent rights involved.
The simple justice and propristy Of oil these
aims will be readily comprehended by the
business man in every walk in life, though one
must know Washington well, to appreciate the
pressing necessity for speedily carrying them
out in the shape Of laws. Millions are now
spent annually, In fruitless litigation to pro-
tect honest patent-holders, while nearly a.
much is also spent with the lawyers and courts
to enable dishonest patent holders to avail
themselves Of the proceeds of the labors of i'm
provers. - ..t-
To the distant public, We have to cay that
ere the end Of the present Congress, the Who'll.
subject will be wisely disposed of-the mem.
bers having evidently made up their minds
that they must now not only seriously ap.
proach it, but must make such q finish of it a.
will surely operate best for the interests of ali
concerned. ---. .. --.,.- ..-..-..-
case has been under trial before the u. 8
District Court in New York city, actually 70,
more than month past, which illustrates to
charm the delays, vexations, and enormous
costs Of patent litigation. We refer to the
celebrated case Of Day against Goodyear.
These parties have been "lawing it, In several
States, it Will be remembered, for some ten
years past, always employing the most sx-
pensive counsel, and never until now getting
the merits of questons 10 issue in their various
suits, before jury, who alone are competent to
try the tacts involved, under our laws, if ad.
ministerod according to the spirit of our legal
Institutions. In this case, however, they are
before jury, owing, We take it for granted
70 the indomitable perseverance, Of Day, who
has 50 long been struggling to get there. Ac
eording to newspapers, Day employs five eoun.
sci, from Massachusetts,, Connecticut and New
York. and Goodyear's assignees, eleven. From
the business experiences and reputation Of those
employed in this case, 1t Is fair to presume tina,
the counsel alone cost the parties between three
and four hundred dollars per diem! From
| the testimony and the rulings Of that distip.
guished jurist, Judge Belts, both of which are
being daily published in the New York pa
pers, 1t is very probable that Day will gain
the cause, in which, it is said, the right Of
property in patent rights worth million o,
dollars ia involved. Il matters not which
party triumph, however, as the other will OF
course carry the case to tho Supreme Court Of
the United States, to be disposed of there
finally, at cost Of from twenty to City
thousand dollars Now. as the people at large
must, In the end, pay all these inordinato ex.
psnses in the shape Of higher tariffs for using
the patent involved, Congress will duly ap.
preciate the crying necessity for speedy legis
iation upon the subject Of the patent lava. -.
Liens Of Attorneys and agents on Moneys
found due to their Principals. 1T is held IL
the settlement Of accounts at the Treasury, that
Attorneys and Solicitors, as we'll as Factors.
have general lien upon the moneys Of thei.
client in their possession, for the balance dut
them for their professional services and for all
advances made BY them and they may retain
sufficient amount of the moneys collected b,
them; or they may retain their clients papers
until such balance Is paid. Their lien for cost.
extends to the Judgments and DEGREES which
they have obtained for their clients as.in.,
third persons; and yet bona ide settle ment
or payment by the debtor to the creditor be-
fore notice Of the lien, viii prevail against it
and the attorneys lien upon q Judgment is lin.
tied to the costs in that particular case, and
does not extend to the general balance due to
him from bis client. Such lien is also subject tc
the debtors right of set off. and exists ON, ,