The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-01


T00E EDOES.
N11C 0WDEkScs 6
H1l1114 e11NGl1 q.
office ~ Che
RaD PLAHINE MILL,
Corasr Of Pine and SECOND streets,
;Ncar the RaiirOsd)
or y oT1TUSvILLE, PA. = ,t
Owing TO tns large aud increalA demand for the
Rpyrts' Torpedoes, and the lAis decision of the
Commissioner Of Patents In refusing to VIM. Reed
patent, ald the decisi III Of Judge X. e. Grer sus
ta.aing the Roberts patent they nave LOWERED
the price Vi their Torpedots
TWENTY. PER CENT.
40 that every Operator can afford 10 try q Torpedo
before abandoning Well.
The following Is the decision rendered by Judce
Gtier on tIe twenty-second (a2) day of Seytember
lsh In the United states Circuit Court at Philade
fia; tne S case sew wss argued three days by Charles
n. heller OF New York, B. \. Lucas and s. A. Pur.
Vance Of Pittsburgh, for defendants, and Georpe
Harding ri Philadelphia, and George L. Chrisly, Of
f'ttsturgh, for plaintiff.
OPrNloN OF JUDGE GR1ER.
A, write with difficulty can only state the con
olus.ons 10 which my mind has come after a caretn
examination Of this case ~
The complainant has exhibited n natont d,,od
10Th of April, 1865 This is prlma facic evidence of
soo title, and puts on the respondents rho bnr
dan oi prof. tnat the patent is void Or worthless
year ys Day {. Wall, @. c. Rep; z99'j bat now
sdopt them as alOrdinx rule OF decision which NV.
plies clearly to the present case. ~
As inc nlringemsnt Of the pae,t is admit ted,
Ia Na IN fi,a, "a;
piainan's patent OF April IS, 1858.
III "a,a speculation had been rednced IN
prsc,ice ana after repeated experiments, that the
Complainant succeeded in overcoming he nreiudire
and Ignorance OF the people on the subiecf nnd
peis1ading the public that his invention WAS nsef,
sl'er NC hld established its great utility and value
sel when his genius and patient perseverance,. in
spite o' sncers and scots," We're comnle,eiv ,n ~.
eesslul, tnat Reed, who had before made exneri.
niehl: on tae same subject and WIS unsuccessful.
ma ,n,. me nad he best right to otheinvention,
so aiter purchasing one of more Conplainant's tor
pedoe, he applied ON the lst of November. 1881
Tor patent Tor substantially tho same coml,ina
an VI ao,''es ana 'nacniue contained in complain
ants patent. on the 10Th OF the same month tho
Respondents iorined themseve into "A comnnnv ~,
corporation called 'Vhc Reed Torpedo COMPANY. y
,"r the purpose oil pirating the complainants In.
vcntio!l, ana supporting the expense of Utioation
nii mus do'laud him of the fruits They hi No.
severed, even aitcr the preliminary Injunction Very
pfoperiy, granted by the District Judge ''''
i-st decree De entered for complainant for n nor
petiai inJunction. and Master appojnted m tpi-o
Al account according to the prayer Of the bill '"'
II. T. GRIER, Judge
hoTE.-Ihe passage referred to BY Judge C,rier IN
hls ior'ner decision, Wallace, D. 299 adonted as
spplcabie to this case was as follows: "'
III IL usually the case, when any yaluohla A; .,o,,
cry Is made, or any new machine of great utilitv Ia
nvenieu, mat tbeatention of the public has 6een
turncd 10 that subject previously, and that ,n.nn
persons have betn making researches and eyn.ri
Meuts. Philosophers anu mechanicians NAV Rava
IN SOME measure anticipated in their snpcI;iatnns
sne possibility or probability Of such dscoverv nr
invention; many experiments have been succe:sSul
~ tod, comm. very near. yet falling short of the
desired result. They have produced no,hino hena'
ncal The Invention when perfected NAV fruiv he
SAID to be the eliminating point OF MANY ex15eri.
men :, net only by the inventor, but by monv nth.
ors de may have pr0fted indirectly by The i,nsnc.
0ass", ~ y. anu failures of Others, but 1t
g'es tehi no rlght to claim share of the hcnor of
the pIoiit OF the successful inventor II ia when
rpecuia!ion has been reduced to practice when ey
pertinent has resulted in discovery and when tho,
ti'coyery has been perfected by patient ana contin
uod experiments, when some new comnonnd art
manufacture, or machine has been thus produced
which Is useinlto thepublic, that the party iainvi
becomes apublic benefactOr and entitled to natent
And yet when genins and patient perseverance
have at length succeeded, in spite of sneers and
seldom is il followed by reward Envy robs him
Of the honor, while speculatOrs swindlers. and nj.
rates rob him OF tine profits. Every un,nccas sfin
experimenser who did or did or did not come yorv
ne!r nisIing discovery now claims it. Every ons
Who can invent an Improvement or vary its firm,
claims rgh, to pirate the original discovery W.
need not summons Morse, Or Blanchard, or Wood
worth to prove that this Il the usual history of cve
~ great discovery or invention. WV
"The present case ADDS another CHAPTER IN this
iong ana s naiorm history."-2 Wallace, Z. q Ike.