The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-02

rH,st.Lstl S,as1
40RP HNr"oa.'S -o.'s
Nz1HfcN1x2M3 q.
% S1.fs@e @ aaa s.p
NaD PLANNING MILF
4 Uosnsr OF Pine snd Second sereesA
sNenr the EaiiroadD
TITUsVILLE, PA.
Owing 70 the large and inti scsfH demand for the
RUbarts Torpedves, and the lats decision of the
Commissioner Of Patents in refusing to VIM Reed
a.su:; .nd the d.cisi N Of Judge n Y, ur,er sus
'tAnng the Roberta patent they havs LOWERED
tile price oil their Torpedo,s
Twenty, PER CENT.
20 that every Operator can af-oru u vy 4 rorpedo
before abandoning Well.
lhe following is the decision rendered BY yudgc
Lier on the twenty Ter day OF sc,,tsmb,sr
NV IN the United States Circuit Court at Phladel
pn'a rne case was argued three days by Charles
a. Keller Of New York, b. II. Lucas and s. A. P,r.
viacs VI Pittsburgh, for defendants, and Gevrpc
ua.dns OF Philauclpha, and George Il. Lhrisiy, of
r'ttspurgh, for plaintiff.
OPINION OF JUDGE GRIER.
A. write with diiliculty can ouly State the con
illusions 10 which my mind has come after a car,fI
examination OF this case.
lhe conl lanant mas exhibited patent dated
2Jsh of April, loj5 This is prima face evidence Of
good title, and puts Oh the respondents the bur.
de-. Vi pro'l that the patent s void OF worthless.
lced not repeat my enlurks In the case Of Good
year w. Day Il Wall, q. G. Rep; 229,l but now
adopt them as adordng rule OF decision which an,
pi.s clearly 10 the present case.
AZ the Infringement Of the m s,t IA Admitted
the only Question will be as to the validity of cum
paiiiius patent Of April Is, lSSS.
III wa: after speculation had been reduced to
prclicc," aud alter repeated experiments thar the
complainant succeeded in overcoming he nrei,dice
aud ignorance Of the people un the subject. nnt
psfsu'uing thc public that his invention was useful:
"e' @ us aa usapshei It's great utility and value,
spite Of sncers ,nd scoils, ~ were romnetciv ,c 10
sessiai, tnat Heed, who had before made expert.
.n,s "l ,nc same snnlcrt, and was Unsuccessful,
in'gcc that he htd the best light to tue invention
s"u alter purchasing one more compainant,s y ,or
ptioes. he appiied On the lst of November. Isd7.
.or pa'dn. ,or substantially tho same combiua
aars patent. On the 10th of the same month the
iesp'ndehls formed themselves into a company or
COZ "ipor"iion called ',rhe Reed Torpedo Company"
iof vac purpose or pirating the cUmplainani's in.
veiiton, aud supporting the expense of litjgation
AID thus iefrsud him Of the fruits. They have me-.
severed, even utter the preliminary Injunction Very
Sioprrly Granted by the District Judge, -
let decree he entered for COMPLAINANT for n mr.
petuai injunction. and Master appointed 10 lake
~ account according TO the prayer Of the bill.
H. " dNlEk, Judge.
NorE.-The passage referred TO by Judge (,rier IN
his forner decision, 3 Wallace, D. 2gy adopted .s
app icAbie TO this case was as follows:
1T Is usually the case when any valuable discoy.
cry Is wade, or any new machine Uf great uiity ia
Invented, That tieatention Of the public has been
turned to that subject previously, and that manv
persons have been making researches apd exn.ri
Mens. PHILOSOPHERS anu nechanicians NAV have
)n some measure anticipated in their sp .cIntions
are puusbiity or probability of such discOyerv or
invention; many experiments lave bpen succeesfl.
iy lied, coming very near. yet falling short of The
Ieslreu result. Iney have produced nothing bcne-
fcial The Invention who, pcrlected NAV irnIv he
s.id to bc the eliminating point OF MANY ex6eri-
mon :, not only by the inventor, but by many uth
Crs ne may have prOiited indirectly by the i;n-,,c
ce%siul experiments and failures of other, bTft II
gives them no right to ca share of the he nor of
the profit OF the successful inventor II is when
speculation has been reduced to practice, when ok
peiiu'eal la. resulted in discovery and when that
discovery has been perfected by patient ana contn
ued exp sriment5, when some new command art
manufacture, or machine has been thu. produced
whch useful to the public that the party making il
becomes apublic benetact0r and entitled to a nnIe,t
"And yet when genius and patient perseverance,
have at length succeeded, In spite of sn. ers and
sroiI, some valuable invention or dIsco"erv. how
seldom Is II followed by reward Envy rcb. him
Of the honor, while speculatOrs, swindleIs and MI
fales rob him OF the profits. Every unsuccessful
sxperininn'cr who did OF did or did hot come very
near masking discovery now claims 1t. Every ons
who cth invent an Improvement or vary its frm
claims i right to pirate the original DISCOVERY. Wa
need not summons Morse or Blanchard or Wood
worth To prove that this Il the usual history of cv.
~ great discovery or invention. - wv
"Ihe present case aQds another chanter IN tbi,
long and uniform history."-2 Wallace, Z. 9 Rs.
ports p 80