The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-03-10
seed PIamfer---APPl for
Extension OF Patent Refused.

In the matter Of the application of ID. w
Hughes for the extension of letters paten
| granted to him for improvement in HAND
seed planters Nov. %, 1869. Applicant L
the inventor Of cheap, simple. and usefu
device for planting seed by hand.
The novelty of this device is sufficiently
established, and the utility is evident. Du-
ring the seven years that applicant made
use OF his Invention by manufacturing aud
selling the planters, he realized a net profit
OF some $4,000. 1t appears that a large
number OF machines have been manufactured
without his consent, the royalty upon which.
at the rates which he established would
amount 10 about $4,000 more. If the sew
en- years. during which time he received
nothing from his patent. had been dilligent-
~ employed, and proper precautions had
been taken against infringers. the patentee
would doubtless have been able TO realize a
profit of from between $4,000 and 100000
from his invention. The years of the war
were the harvest time of the manufacturers
OF agricultural implements. AS stalwart
farmers were metamorphosed into soldiers.
wood and iron were transmitted into farm
ers.
The applicant now seeks an extension of
his patent for seven wears, I'm order TO regain
the several lost years of his original term
1t becomes important, therefore, to inquire
how these seven years were spent. since
the patent was never sold, but has been,
from first to last. in the hands of the paten-
tee, the burden is on him to show that the
benefit which he might have derived from
the use of his invention during half of the
lifetime of his patent was not lost through
any fault or neglect of his.
/ Applicant was a machinist. He resided
an Palmyra, Missouri, and carried on the
manufacturing of these implements. In
1855, he sold of these planters 100; in 1857,
poo; In 1858, 1900; in 1853, 1000. Here was
a rapid increase of sales. aud every iudica-
ION of growing and prosperous business.
q 1850, however, applicant concluded to
Ioandon this business, and to go into mining
New Mexico. This he did, leasing his
| .atent to firm in Palmyra for one year.
Upon the breaking out of the war, he re-
turned to the States, to make some purchas-
for his mines. He appears to have made
10 inquiry after his lessees or their business:
hut shortly afterward, under pretense of a
oesire to communicate with New Mexico via
Texas, he voluntarily went, by way of ST.
louis, Louisville, and Nashville, to Mem
Ihis. Tenn, which city was at that time in
tie hands of the enemy AT that place he
vent to work in gun factory, but present.
ly departed for Jackson, Miss, where he was
engaged .most" of his time lin making al
tering, and repairing patterns of different
kinds, such as cotton presses, machinery,
ordinance stores. cannon castings" etc, un-
Outstanding that he was, bv virtue of his
exempt from CONSUMPTION.
About six months before the taking of
Jackson by the United States forces, appli-
cant went to Montgomery, Ala. His prin-
cipal reason for leaving was. that he sex
pected jackson would be taken, and there
would be some fighting" He adds, Il feared
getting hurt" In Montgomery, he engaged
in manufacturing machinery on his own
account, and by his machinery making cas-
tor and peanut oil. Subsequently he man
ufactured artificial limbs. After the war
there being no more danger of getting hurt |
he returned to jackson, where he remained |
until 1867, when he came North. and in |
1868 and 1869 again made and sold his plan
.er.
Once, and once only. during the war; he |
up the railroad, how far he does not say, |
when, finding he could not, within the enc |
my's lines exchange their currency for Uni |
led States notes, he ''turned back, and con- |
GUIDED to remain, until the war was over" |
1t is only necessary to state, in order to |
eOmI lete this story. that applicants father |
and brother. finding this abandoned inven- |
ion lying idle, took it up, upon their own |
res onsibility, and manufactured about one !
.hohsand machines per annum, and made |
money at it, while the owner of the patent |
was turning gun barrels, and repairing pat |
terms for ordnance stores and cannon cast
ngs, and manufacturing artificial limbs for |
ais country's enemies.
He now asks that that country NAV be |
faxed for seven years more, to enable him to |
reap from this invention the profit which he |
OSt while eudeavoring. to the extent of his |
ability, to destroy the Government whose |
avor he invokes. The novelty of the de- !
nand to be paid, in this form. for his servi- |
,es to The enemy, is only equaled by its
effrOntry.
The extension is refused.
SAMUAL s. FISHER.
Commissioner.