The Petroleum Centre daily record. [volume] (Petroleum Center, Pa.) 1868-1873, 1871-03-03
OPINION OF JUDGE GRIER.

ofiNloN OF JUDGE GRIER
As write With difficulty can only state the CON
clusons ~ which my mind has come AFR a s IN
examination of this Gaze "'"ieiu
me COM ylannlt has exhibited a patent dated
DIN VI April 300. This is prima ace evidence of
sooI .ilie, aii puts On the respondents the bnr
"ca VI propi tuat the patent IL void or worthless
Decd not repeat my remarks in the cnse of God
year "; Day (2 Wall, q. c. Rep zga1 hat now
"dopt them as aforiing rule oi decision wsci, o,
plies clearly 10 tile present case ~
rs the infringement of the p,ie IT &, oa,,;,.,,
tne ohy question Will be as to the validity nj co,
plaiiiaii's patent Of April -, 1858 - WIN
,,,,l,,, was altgr speculation had been reduced TO
ptaclice, and after repeated experiments that no
complainant Succeeded in overcoming he ,rr,,ai,
ana Ignorance OF the people on Tie suhihect ',5
Persuing the public that HIS invention was nse,I.
al,sr nc had established its great utility and y.no
ana when his genius anu patient nprSevoraroo s,
spte oi sncers ahn scoiis,' were Conn,etoiv s,,o W.
ees-iui, that hoed, who had before made exnsri
iir'ilr on the same subject, and wn, rn...,aPs NPs.
Imagined that he had the best Iip,t to ~,
a'o atef purchasing one OF more coinnl,in,n,s, ,nr
peuoe'' ne applied on The ist of Nov,ub.r Is.t
80 ,ot p,'Sn, y, ior substantially the sane comlina
uois oi oeNces and machine Contained in co,nni.;r
ants patent On the 18th oi the sam. nonip .n.
IeeP'uehls iorneu themselves into "a con,n,nv mr.
Veoapol",iol chiei The Reed Torpedo Company. !.
% ioi .'o purpose oi pirlting the cunp,ainan,,s In
veniloll, ahi supporting, tue expense Of Iitisstam
nu thu> ueiiaud hin of the fruits They have no.
severed, even after the preliminary inunction terv
properly granted by the District ju,ive 'N''
Let dlcrcc be entered for co,unlnf,,,, c,. n $500
Ic'll 'hJinctiof aud Il laastcr appoi,lel 10 III,
all "'o""H' according to the prayer OF tie bill
H. T. GhiER, Judge.
NorE-The passage referred to BIZ Judc,a Cr;o- T.,
MS ioriiitr decision, 3 Wallace, d. 2rg a1on,aJ 81.
"pp lcaoie To This case was as follows "
u Is h-uiiiy tlie case, when any ynluabIe di.c,r
cry II 'laoe or any new machine of pr,ai n liz l.
% msen,cu, .nit theattention of the public la, 6ern
.n,lnM 10 mat subject previously and that menv
PERSONS nave BEEN making resesrches .omd o,y s'"y
mcn's. Thilusophcrs anu mechuncians NAV ,a,,
"sone Measure anticipated in their an .cnl,,i",,
sne possioi'ity or prooaOiuy Of sueh di-eovr,v nr
.in ,,. many experiments have been successful
" uie1, oohiliS Very near. yet falling short nI tha
uc>heu result They have produced porbinc hon.
neal Inc Invention whel perfected may iruiv ba
SAID TO be the eliminating point OF many axvyo,;
men - NOT only by the inse,tor, but by ,nany "th.
ots lie may nave prOiited indirectly nv tbe ,,,r,.
ce-siu experiments and failures of others' hmt !,
gives the.u no rgiit to am share of rhe bcn"r az
lue profit OF the successful inventor n ia Dhcn
tpecuihtion has been reduced To Dractice r,han nx
pertinent ims resulted IN discovery and when tHat
oscovery mas been perfected by patient ana contin
uod experiments, when some new comno,nJ art
manufacture, or naCiiinc lis been I'M. nrod,oJ
when is useful to the public that the Marty nais;, !,
becomes apubiic 5enefactOr and eutifled IN ,a,ant
ALL yet wien genius and patient perseverance,
nave AT length succeeded, in si.iie of sneers and
scOiis some valuable invention or disco-sr,, h"
seldom Is II followed by reward Envv rnb, Li
oi the hnnor, While speculat0rs, swind,e,s ami % III
In,es ROB hlni OF tie profits. Every Unsuccessful
saerin'ener VINO uid or did or did not come y,ry
near making discovery now claims it. Evnrv on
who can invent an Improvement or vary its Hrn, %
claims "a right to piraie the original Gisco,nry o.
need nOt summons Morse, or blanchard ar Wa
worlrto prove tiat this is the usual history of ev,
ry great discovery or invention VI e'e
'rhe present case ADDS another chonter o., ,h,
long ana Uniform hiStory."-2 Wallace, q. G Ee.
ports p. 232 Ne-