The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-13

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BILE corps Of operatives each road Each supernend
instructed to pass the entire length OF the
section OF the roats assigned him. locating Il on the most
direct and advantageous ground, and opening and mn
proving II in such manner 10 admit OF the easy pas
sage Of loaded wagon.
The immediate direction Of the movements of these
several parties was placed by in charge OF gentle
of experience and full information OF the
operations of the past is received will cause him
make detailed report of their progress for the pur-
pose OF laying il before Congress.
The Fort RidgeIy and South Pass road has already
been opened the Missouri river, distance
of about two hundred and fifty miles, and the country
through which is reported 10 be rich and des
rabe one for settlement. The appropriation for this
work has however been exhausted although some four
hundred and fifty miles remain to be completed To
finish this portion of the road should IL be the pleasure
of Congress to carry out its original design an additional
appropriation Of thirty thousand dollars will be required
and IL should be made at early day.
The Joint commission for running and marking the
boundary between the United States and Mexico under
the treaty of December g. 1853 concluded its abors and
adjourned on October and the commissioner ON our
part has turned TO this department the maps with
or two exceptions which in the hands OF the en-
grver Journals astronomical determinations, and other
public property in his possession.
of the report heretofore ordered by Congress to be
printed the first volume is completed, and will be ready
for distribution early in January The second volume,
OF appendix which contains the reports upon the zoology
and botany of the region surveyed, is still incomplete.
The engraved plates illustrate this part of the work
in the custody of this department. SO far as they are COM
pleted
During the last Congress- the Senate, by resolution
deed the printing of five thousand extra copies of the
port proper and accompanying maps and two thousand
extra copies of the second volume appendix to be
paid for out of the fund appropriated for running the
boundary. The execution of this order will cost from
thrty-fvo to forty thousand dollars. The resolution of
the Senate without the of the House Of Rep
resentatves and the President will not furnish to this
department sufficient warrant to Justify the payment of
these expenses out of the fund designated. .',
By y, VI,
the Commissioner of Patents required annually in the
month of January, to make report to Congress- detail
ing the operations of his bureau This law enacted
while the office under the supervision of the Secretary
of State and it not required of him to make
annual report it deemed more convenient, without
doubt for the Commissioner to report directly to Con-
gress The act approved March g. ls49 transferred the
supervisory and appellate powers in relation to the acts
of the Commissioner of Patents previously exercised by
the Secretary of State to the Secretary of the Interior
All the other bureaus of the department make annual
ports the Secretary to be laid before the President and
by him communicated to Congress But in the of the
Commissioner of Patents while the rules and regulations
for the management of his office, his acts and the
duct of all those under his immediate supervision sub
ect the control of the Secretary and through him. of
the President yet the annual report required of him is
not in way under existing law open to the revision
of either There nothing in the peculiar nature of the
subjects duties pertaining to that bureau which makes
this exception necessary and the for the law
has ceased to exist it might be changed with propety
From the LIST of January to the 30th of September,
and $40 caveats filed 2O66 patents have been issued
and 2,2s7 applications rejected. ...E
The receipts the three quarters ending 3oth Septem
her, 1857, were Sl6l,4l 81. The expenditures were
Sl63,9 o. Excess of expenditures receipts, ST.,
o26 or
The policy indicated in the law establishing the Patent
Office is that it should be selfsustaning bureau This
policy is sound one, and should be observed.
The law authorizes return, upon the rejection of
application of thirds of the fee required be de-
posted by the applicant presenting his claim, Of
the Sl63942 04 expended during the last three quarters
s279S9 80 made up of fees restored to applicants,
after the labor of examining their had been per
formed There to be neither justice cxpcdiency
in this requirement Its consequence has been to bring
into the Office large amount Of business frivolous in its
character and which seems fact obtruded but as an
experiment upon its ccduty If it is desired that this
bureau should be- as heretofore supported by its
ngs, this feature Of the financial administration of the
office should be revised and reformed
BY the ninth section of the act approved July 1886,
the applicant for patent if subject of the King of
Great Britain, required to pay fee of five hundred
dollars. AT that time American citizen applying for
patent in that kingdom was required to pay fee of
hundred pounds But recently the English govern
ent has reduced the fee required of American citizen
from one hundred to twenty pounds As the fee orgi-
nay required seems to have been determined prin
cple of retaliation it is proper and becoming in gov
eminent to respond to the liberal policy shown by Great
Britain toward citizens by reducing the fee in such
cases to one hundred dollars .....
The existing law authorizes appeal from the decis-
ion of the Commissioner to either of the judges of the cir
cult court for the District of Columbia This law is an
anomaly in legislation. 1t confounds the executive
and judicial departments which the genius Of insti
buttons requires should be kept separate and distinct from
each other It's violation of principle is not seri
GUS difficulty than its practical operation The appellant
not only selects the judge who shall try the case but also
pays the fee of twenty-five dollars allowed him The
amount of compensation thus received will depend upon
the number of brought before him that number
will inevitably be influenced by his of decision.
The judge is thus placed in position of embarrassment
If not of humiliation alike to be depoIed by himself and
the country.
This law should be repealed and some other system
substituted which Will put this office in position of in
dependence in It's executive action and at the time
all the rights of inventors The most feasible plan
yet suggested to effect this is in my Judgment to authos
ize the creation Of permanent board of review to CON
ss of three members selected from the of the
office, and who shall he known examiners chief
determining upon all appeals from the Judgment of the
primary examiners except in of appeal where any
of these may have previously formed and expressed an
opinion in which another examiner may be subst
tuted to act in his stead and then their Judgment aud
action will be subject to the supervision and review of the
Commissioner. This alteration of existing law must
necessarily increase the efficiency of the Office and at the
time uniformity certainty In lbs rules
of action. And while the inventor will he saved from
rcxatious delays and heavy costs to Judges and counsel
he must feel satisfied that in the povsion made for the
thorough examination of his application by the
in the first instance then by the board Of examiners IN
chief and lastly, by the Commissioner he has secured
to him the ampest opportunity for the establishment of
his rights
The activity and of the inventive genius of the