The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-08-05


sions and from Rev DR. Forsyth reporting his attend
apce a. delegate OF this society at the late anniversary Of
made for distribution in various portions Of the domestic
field
The Great Eastern In Court.
PROCEEDINGS FOR THE INFRINGEMENT OF AN AMERICAN
PATENT.
The "big ship" constantly getting into hot water In
latest difficulty asuit brought against her for infringing
American patent. 1t that her motive power
solely American idea 10 the knowledge of which the
Great Eastern its origin The particulars Of the suit
viii be gathered from the following letter. written the
suggestion Of her commander. The directors failed 10
spond and consequently the suit has been commenced in
the Circuit Court Of the United States The damages
laid 1t htty thousand dollars
I22 BROADWAY, NEW YORK, July 20, 1850
Capt. J. VINE HALL
DEAR srR-In compliance with your request, it affords
great pleasure TO send for submission to your drec
tors statement of the facts presented in our converse
tion to day.
On the i4th Of March, ls4s, James Enathan Smith, Of
Greenport, New York, obtained letters patent OF the
United States, numbered 468, for and useful elm
provemept in propeers for vessels by the combin
Of the side wheel and stern Application
then made to the English engineers Brunei and Stephen
son. examine and esthe feasibility Of the combination.
They nounced 1t mpractcable, and yet the Great
Eastern has been constructed upon precisely this plan
Charles J. Gilbert and Samuel T. Armstrong, Of this
These gentlemen have consulted in reference to
their rights and have advised them, that while
VefSelS
American patent they restrict such to the arrival
and departure from our ports and do not permit traffic in
Amer can waters.
We deem the proposed excursion Of the Great Eastern
to Cape May infringement of their patent being
neither whD the letter the spirit of those decisions
which permit the vessels OF q foreign friendly nation
sng American patent in their construction equip
ment) 10 enter our ports for purposes Of trade
That the patent laws OF the United states are not ex
tended foreign vessels visiting ports 30 as 10
affect the structure or equipment which they bring
And( htafI uQftc TQna In he
the opinion Of the Appellate Court that the
rights Of property and exclusive granted 10 paten
eriug one of our ports; and that the use Of such
improvement in the construction, fitting out or equip
Of Dor, Of the United states is not an infringement OF
the rights Of an American paentee provided II was
placed upon her in port and authorized by the
laws OF the country to which she belongs"
The opposite doctrine held In England in the case
Of Caldwell vs. Van vlisseDger, in which Sir George
James Turner, Vice Chancellor, decided that the excu
sive right under English patent will be enforced
against foreigners while in England In the same way and
the extent it would against British SUBJECTS
made in their country and attached 10 their vessel
was unrcstrained by law there but restricted In Eng
land by patent, and afterwards sent the vessel with
cargo for the purpose Of trade TO England the use Of the
propeller restrained by injunction while the
vessel should be within the waters covered by the Eng
| lish patent He adds-"Ths is aquestion Of national
courts to deal with that question Ny duty to admin.
] lister the law, and not 10 make it," And Sir William
1
in the decision did not appeal the case, but to remedy
the Inconvenience In the application OF the law caused
the passage Of section 70 Of the act OF 10 and 10 OF VIC
chapter 49, accordance with the suggestion OF the
| Vice Chancellor.
Our courts without the aid of legislation recognise the
right OF foreign vessels TO use patented American In
rrovements but only while the engaged In COM
merce between our own and foreign country i Ger.
tany designed 10 be extended - 70 permit
vessels TO come here abandon their foreign trac take
special coating license and run excursions IN Anne.
rcan Under such crcum stances the vessel loses
fte fivpf
exists in the Of foreign trade no longer applies
We do not desire 10 embarrass In the slightest degree
the movements Of your vessel both because highly
enterprise those who have sent the Great
waters and for the reason that we are dis
inclined proceed against those who have practically dc
opstraied the feasibility aad advantage Of our improve
ment at the time feel that this excursion ought
not to be made By % eosS maS
such acknowledgment a. was suggested In our con
vesaton could witness her departure with pleasure
and also not permit an infringement OF our rgns 70 pas
With many thanks for the courteous manner in which
listened TO the presentation Of our case we remain
| Attorneys for the owners OF the patent
The declaration alleges the issue OF the patent In du
form Of law Its assignment TO the pantins, IT'S value
(which placed at hundred thousand dolarsD ant
then has the following special count which was framed
for the purpose oavoidng the application Of the decision
And these plautns further say, that the defendant
w oo2e ,bs ,a sns papts 10 ,hs, behalf &c &C H.
Both day Of July D., 1890, &c at the said city OF New
York within said Southern district OF New YORK, the de
feudant being then tue master OF the steamship 0rea
Eastern departed from the port Of New York upon Ger
tain private excursion and under special coastng IL
cepse from the Collector of the Port OF New York. To-
coapg along the shores of she state Of New Jersey AM
Of the United States and returning again along SAID
| eoas, and In the waters within the jurisdiction
OF the United Slater, aud at the said time and time
nei,her being engaged In foreign traffic nor coming int
going Of ports az the United States on any voy
age from any foreign country, used ss the motiv
power the propulsion Of said steamship, said improve
said letters patent desert bed In violation OF Tn
| rights OF these plaintiff &c, &c
The following extracts from the Specifications will give
| q general idea of the scope Of the patent
The nature OF the 6rs part OF my Invention consists
combining with the paddle wheels constructed In an
desired manner and placed At the sides OF the vessel
propeller propeers placed At the stern OF the vessel
the axis OF which parallel Tor nearly SOY with tn
keel OF the vessel that the vessel shall be mpeicd D.
the joint action Of the propeller propeers 81 the stern
paddle wheels At the sides such joint sctton nav
Irg the effect shown by experiment. 70 impe the YES
sci with greater velocity and steadily With givef
forcc than by the action II the wheels or the pro
pellcr or propelers separately
And the part OF my Invention consists IN plcin
the radde wheels when used In combination with IN
propeller propeers at the stern forward OF the cenr
Of gravity OF the vessel that portion OF the action OF tn
pade wheels thus placed may have the eject 10 part
i'm the Of the vessel while the propeller Tor prope
crs the exers all its action 70 impe the vesse
forward.
| Person al Intelligence.
| Ceprtauo C. Zegarra, Peruvian Minister 70 the Unite
states; Pedro p ORTIZ and NJ he Brabandere, both or
Washington; Gen Kimberley, Of New haven; B. " Ben