, 1870-06-11
THELAW COURTS.
The Slnlc Patent L0Vvs-Deci.
sion OF Judge Davis.
a Sons Real Estate 0perctions-A
Penny for a Wig.
Whnt Constitutes an lfanftual
Drmnkurd.
United states Supreme Court.

THE STATE PATENT AwA
The opinion of Justice Davis, Of the Supreme
Court OF the United States. In the mstter OF the
arrest Of Major J. Robinson, for violation Of tho
Indiana state patent law, has been flied It cou1-
pletely sez asioe the law (Which Is almost identl
cal with that Of IlInois) as being void for unconsti
tuuonAity. The decision is na follows; It Anpears
from the papers In this case that the petitioner be-
ing the duly authorized agent Of the owners OF
certain patents granted to Henry B. GOODYEAR. All.
IninistIstor, and to John A. Cummings offered, on
tho ssd day Of May, 1870, to sell to Harrison q. L.
Fever, dentist N the county OF Grant In this
Sta1e Qndiana,, the right to use the Invention
patented TOT dental purposes, within aaid county,
agreed to PAT. Before the sale Vas completed,
the District Attorney Of this county Instituted pro-
cseoinRs against the petitioner under the pro-
Fstona ol an act or the Legislature Of Indiana en-
titled "An act to regulate the sale OF patent
rights, and TO p1crcnt frauds in connection there
WIN, Which took eject on the Esd day Of Aprl,
THESE proceedings resulted In the petitioner
being committed TO the jail Of the county, because
be had faled, before he hau offered 70 sell he
patent right, to comply With the terms Of this law
II the Lew Is valid, he was properly held In
custody; Otherwise he should have been dls-
charged. This Law declares that it shal be un-
lawful Tor any person to sell barter, or otIer to
se or barter any patent right in auy county with
III The State without rst ning With the Clerk oil the
com com. OF such county copies Of ell letters patent
guy authenticated, md at the same time swear
ing 10 an affidavit, before such CLERK, thaS auch
!eueIs patent are genuine, and have not been ro-
to Sell or nater the right 20 patented. which an
oASit shau set forth his name, occupation and
residence, and, II N agent, thena11e. occnpstion.
ahd feadence Of fis principal A copy Of
tAis a6ldaytt shall be nled in the once Of
said Clerk, who shall furnish a copy 0f
the same to the applicant, who shall exhibit the
snnc to any person on demand Penalties are
imposed ,s q tcr any violation Of these provisions,
~ as Is an attempt on tue part ofthe Legislature,
De sold In the State; to prohibit their sale alto
ge0ef Il t0ese directions arc not compiled with,
ai.l 10 throw burdens On the owners Of this species
OF property which Congress has NOT seen 1T TO i-
pose unon Them. have not time TO elaborate the
subject nor even TO cite the authorities beartngou
ac question: and shall, therefore, content myself
win stating the conclusion which hare reached.
II Is clear that this Kind OF legislation is un,u-
tAofzed. 10 Congress Is given by the consutu- |
ton the power " to promote the progress OF SCI
ehce and the useful arts BY securing for limited |
lihes 70 authors and inventors the exclusive |
rights Of their respective writings and discoveries"
hare directed The manner in which pateuts SHAH |
he obtained, and, When Obtained, how they shall
be assigned and sold.
The property in inventions exists By virtue OF
interfere a1ad with its enjoyment Of to annex
couples with the laws Of Congress
on t1e snl1ect, be has right 70 60 into taesopen
sell Lis property. II this were not 30 1t Is easy to
Fee that State could impose teIms which would
result IN prohibition of the sale of this srecies OF
property within Its borders and In this N1y nulll1y
and destroy the power conferred upon Congress
Ivy The constitution The law 10 question attempts
y punish. ly tine and Imprisonment. a ratentce
for doing with his property what the National
1Jre void
Petitioner discharged.