New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-26

"and to enter decree n favor Of conpa.nant' fol
the use snd profits thereof
In accordance with the foregoing decision, the CIR
oGit Court appointed the Hon Reuben hyde wal
vcr,, master. pro iac rice, on the -Wh q OCTOBER,
1873 a3a also directed ,ha. "the ee'en'an,s a'7n.
before the ssaster from time 10 tt~s a. ne s"ouc
direct. ara that the complasants right eASnline
"tbe defendants ,nder oath tc the VARIOUS matters
pending the reference, and tn. the def, adao's
"produce upon oath al such deeds, books, pap8's
"sad writings the hss.e. should direct, for the
purpose Of facilitating the examination.
Tie Hon. Reuben II. Walwcrth appointed the Goth
Of March, 1854 in the City Hall of Albany, as the
day Of commencing the examination. Il was not,
however, commenced till the 9Th of April, 1854 since
which time it has been going without the slightest
appearance Of ever coming to q conclusion. Mean
time volumes Of evidence have been sdduced in win.
dicstion of Mr.. Burdens rights which volumes, how
ever valuable in themselves containing a. they do,
useful information in reference to the msnufscure of
iron, ard railroad spikes, present very small apology
or their existence as testimony upon reference.
A simple comparison Of expenses may serve "a
very plain interpreter Of the of such delsy in
the Walwor.h House Court, which comparison is pre-
scented in the following brief items:
interTog Si1S se nom April 1871 I4a3.....s7,O 900
TO May, lSJb.-
Or, 81 81 each question.
I', M.S 'ssS from May 1856 as..~sOOo
Or, ~ IL each question
l,770 interrogs.ories, costing $4,000, about
& 90 for each and every question propounded. This
s cultivsing the Yankee faculty of inquiry ito some
tune One-haf of the above sum to be paid
by each Of the parties to the suit In this cOrnec-
"tiop it is worthy ofnote that ST the same time the
Circuit Court appointed the Hon. Reuben H. Wsl-
worth Master in this case, the same Court also sp-
pointed its Clerk A Boyce esq, MISTER in another
similar case--thst Of Slsby vs. Foote. Both Masters
set to work on their respective cases. Mr.. Boyce
concluded his and reported TO the Court in nine
months after the date of his appointment, for which
he charged fer his per diem services, the sum OF
1873. Mr. Walworth however, has protracted his
job in search of points, and received the sum OF
sli 600, beside having claim for balance of account
amounting TO some go 600 or 81, 600 or more
In September, 1857, when Mr.. Burden failed to pay
bis half Of the s. 600 charged by Mr.. Waworth, and
ordered BY the Court, the said Mr.. Walworth closed
his Court until the cash was forthcoming
The testimony taien by Mr. The testimony taken by Mr.
Boycs In the case referred to- Wsworth May o. 1851
% S fsaes 9 s the same Court SLOWED
little over IS cents per folio him $4,000 about SS IS
per folio.
The Circuit Court has, since, ordered that no more
payments be made until the shall have been
finished. But this order Of things seems unequal
to the task of "hurryipg up the case, while the
much annoyed visitors have run al kinds of sugges
tive theories into the ground to the reason OF such
uncalled for delay. Some blame the Master, pro hdc
rice others maign the lawyers on both sides OF the
case; while a large number CT sensible people say:
THE Court to blame for standing any such nonsense
"under ts benign protection, and 10 its name
So il goes. snug little chamber in Mr.. Wal
worths house at Saratoga Springs is occupied by the
Master pro h0c rice bis clerk, the various lawyers
for compliments and defendants, occasionally wit
ness. Witnesses however. arc tn nsa phrase not
in the code), played OUT so the only method left
of torturpg the case with protraction is that of re-
calling witnesses, and playing upon points, although
the Master, pro h0c rics," soemny declares that
lie "has not been able to discover any point what
ever, in the case Query-IIave railroad spikes no
points The Master ought to be shown one at the
earliest convenience.
Such is brief statement OF this remarkable case
which ia now causing SO much excitement in various
circles here Similar cases have been tried in connsc
ton with other interests and decided without the pro-
sewipg.machne interest which is extensive in this
country In every instance of suit to defend the rights
of the original inventor of the sewing machine Mr.
Howe, his claims have been recognized by the
Courts, and, notwithstanding the original improve
ments of other Inventors the very fact of such i'm
provements being combined with the principle
claimed by Mr.. Howe as his patent right, has been
deemed by the Courts sufficient basis upon which to
award him bonus upon the sales of machines. In NO
case has reference been protracted beyond the time
absolutely necessary TO procure accounts of sales from
the infringing parties.
certain publishing-house, Of some pretensions to
fame in your city, by pursuing course in defiance OF
the rights of poor authors, and Of other publishing
houses has fallen into dsrepute, and although in re-
atty supported by the dimes Of the American people,
it retains its existence in spite of the American ssnt
ment-it could not stand day if its existence de-
pended upon an honest test Of public opinion.
The question which suggests itself in presence OF
such circumstances, is: Shall the American people
shall the United States Courts extend to Mr. Burden
the same protection-that of competent Mss.er-
which it has afforded to other mechanical interests,
invnwiDg the development and the exercise OF true
genius shall they allow rich capitalist to trampIe
under foot the rights of whose life has been an
honor to his country and blessing to the laoorerl
Il is to be hoped that the Circuit Court OF the United
States in which the case was first heard will see 10 1t
that the national sentiment be not sighted by the
officers Of ts appointment; and that said Court viii
mark out a Ire beyond which capital may not exer-
else despotic sway over labor, or the genius which
dignifes it. Capital and desPotism are not neceS'a-
rly synonymous If 30, it would be unreasonable and
fanatica for men who own property to make any ef-
forts protect it from the .sVages OF the roober or
the incendiary. Capital and labor, capital and
genius, or fire and water may work tsgetner
well, but they may also be used to eacn
others detrimept and disaster, interestwlse.