The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-11-11
6OBFITsJrTBC1Fux Topprrs
TORP EDOFS|
THE ROBERTS "a
PETROLEUM T1RgEDO co.
Office ut the
IL Ed PLANING MILL
Cor or OF Pine aud Second Stro.,.
Near the HailroadJ
TITUSVILLE, Pa.

TW WENTY PER CENT
40 that every Operator can AFFORD W Try a ro,..
before Abandoning Well. "l
The following Ia the decision rendered n, I,. I
Grcr on the ~ Wenty second (22) day of S.i,a,I'
lSU9 IN the United States Circuit Court a, Pm ac.
phia. The case was argued three days by Cb.r.
81. Keller OF New York, b. d Lucas and : ~
vance of Pittsburgh, for defendants, and c..
Hardin. OF fniadeiphia, and George L. Ihr.,r
fittsbsi.h, for plaintiff
OPINION OF JUDGE oRIER, a.p|
As write with difficulty can only stat, III.
illusions TO which my mind has come after c.,,
examination of this case.
The cOnplainant has exhibited a nation, A..
18th OF April, 1855 This is prlina facir eyid.r..
-ood title, and puts on the respondent, Tho H..
den Of proof that the patent is void or wor,hIe..
need not repeat my remarks in the case Of Goa,
year Va Da, q Wall, O. L. Rep 2sg1 bp, ~.
adopt them A. aiording rule OF decision which
pies clearly to the present case.
Az the Infringement of the patent is admit,.
the only question will be as to the validity Of cos
plainanIs patent OF April -, 1858 we
Il WAS after speculation had been radneed 4,
practice, and after repeated experiments. ib,,,.
complainant succeeded in over coming the nreins'
and ignorance Of the people on the sub,ett A..
persulins the public that his iuvenL u .n AVA, u,,T,
ait,r he had established its great utility and vain,
snd when his genius and patient perseyYtpc" \
spite ,neers ,nu SCOTS, were comnlctsiv In.
ce- siul, that Reed, who had before M de- r,,.-
mtnts on the same subject and was unsuec, 81,
Aud aiter purchasing one of more complainaut'.u,
peioss, he applied on the lst of Noven,b.r NJ
Tor pate / iuI substantially the same combir,
TONS oi doyiC,s and machiue con aimed in curn,r,
snts patent On he 18th II the saiue monih n,
Respondents formed the,nss ives into compau, ~
cnrlotatlOn called % h.. heed 1oruelo lamr.n,
the purpose uf pIating the CON painapt /, IN
Vention. ard supporting the expsnsee OF litica,op
anu tnus Geiraud him Of tho fruits They hay. p,r
served, even after the prel.na iniuuc,i t.r
properly granted by Il, lisirici Jude:
Let degree be enter'd for com, lanIi for 4 p,.
petual inJunctioD; and Master, nppointe 10 III.
"n account According y TO the payer OF the,bil. :.
T. Z. GklER, Jud..
NoTE.-The passage referred 10 by Judge Grier 1,
his former decision, y Wallace, D. 2y9 sdopt.d a,
app icabie to this case was as follows:
ut IL usually the case, when any ygluable di.eoy
cry made, or any new insehine of great utility 4,
invented, that the attention OF the public has been
lurncd 10 that subject previously, and that many
persons nave been making researches and eYp,r-
menu. Philosophers and meclancians NAV t.u
~ some measure anticipated In their ,p-elil s,iou,
!he possibility or probability o. such discovery Of
nvention; many experiments have been successiu
" iled, coming very near. yet falling short OF ii,
desired result They have produ. ed nothing hen.
nclal The Invention wheh perfected MAY truly 4
said to be the eliminating point OF many erpe,.
men =, not only by the inventor. but by many OH
"'-' ~ may lhNe pToHteu indirectly nv the unsuC
csssful experiments and failures of Others, but /
gives the'n no right to claim share OF the he nor
the proht OF the successful inventor II is wheI
'pe'ilation has been reduced to practice vhsu ex
pertinent hs- resulted In discovery and when TIA
4I'covery has been perfected by patient ana con,il
ued experiments, when some new compound ar
manufacture; or machine has been thu. produs.
which 10 useful to the public that the party making
becomes apublic beneiactor and entitled 10 pSi.n.
AND yet when genius and patient perseveranc
nave Al length Aucceplpu. in mil nF and
'cofs, some valuable Invention or cisco.sry, how
seldom IA II followed by reward Envy robs bin
OF the honor, whiie spcculators swindle,s, and p.
rates rob him of the profits Every un,ucceYlu,
sxperlmentsr who did or did or did not come very
near making discovery now claims il. ryery on,
claims right to pirate the original discovery ",
need not summons Morse, or Blanchard, or Wood
worth to prove that this IL the usual history Of eve
ry grrat discovery or invention
The present case sods another cbanter to tbl
long and uniform history % Wallscs,I Z. Z h.
ports p. &o2