New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-16
Mr.. Kellogg, of Connecticut, offered an

Mr.. Kellogg, of Connecticut, offered an
| additional prOviso:
And provided, further, That any person,
| firm or corporation now engaged in the
manufacture of firearms, using the said in
ventions. shall be entitled to use the same
without liability during the term Of said ex-
| tension.
Mr. Kellogg went on to say: think the
| committee, if l am not mistaken, has taken
| this ground: that where a patent had ex-
PRED, and the invention had been thrown
| open to the public, and parties had in good
| faith gone into the manufacture OF the pat
ented articles, they should be permitted to
60 on with the manufacture during the ex-
tension of the patent. And that is ali tnaU
my amendment amounts to. 1t only allows
those who have invested money in the man
ufacture of this invention to continue to use
that Improvement. We had that provision
in the bill just passed. and we have had the
same provision in all similar bills passed
during the last week. ! think we should
put the provision upon This bill as well as
upon the others.
Mr.. Banks-The argument of the gentle
| man from Connecticut Mr.. Kellogg, is
different from his amendment. Ii his
amendment was limited to the use Of the
| machinery air ady constructed, it would be
a very different thing. But he limits it to
| the persons engaged in the business, allow
| ing them to continue the manufacture to
any extent they may please, and being thus
| freed from the cost attending the use OF the
| patent they could monOpohze ali the bust
! ness in the construction of these arms. Ii
| it were limited to machinery already con-
| structed, it would be a very different thing.
Now let me say, Mr.. Speaker, that during
the war kneW this claimant in the teri
| tory of the enemy. He was accounted
| friend OF the government: never heard
any other sentiment concerning him, and
know. so far as / had any intercourse with
him, that he was kindly disposed toward
the communicating to render it any
aid in his power. He had, it seems, made
an Important invention, of which he was
never able to avail himself on account of
the war and on account of his friendship
to the government. Certainly we ought to
give him the same advantage which is
given to all other patentees on account of
the discoveries which they have made.
Mr. Kellogg-We propose to give this
party the same advantages that we have
given to Mrs. Trap, who is to receive an
extension by the bill we passed this morn
ing: the same advantage we have 9 ven to
other parties in bills of this character. We
propose to protect those who have already
invested their money in machinery, that
they may continue to use 1t during the
term of the extension. That is all we pro
pose to do.
Mr.. Maynard-Is not the amendment
proposed to this bill identically the same as
the proviso which was appended to the bin
last passed
Mr.. Kellogg-Certainly; it is the same
which proposed and the House adopted as
an amendment to Mrs. Traps bill.
Mr.. l.. Mycrs-I wish to make suggcs-
ton which l think will obviate this ditticul-
ty. AS at present framed, the proviso is
certainly liable to the objection stated by
the gentleman from Massachusetts (Mr
Binks) l think it would be acceptable
with the insertion of these words, Tine use
of the machinery already. erected by them
for the same"
Mr.. Banks-That is fair. That is what
was contemplated bv the argument of the
gentleman from Connecticut (Mr. kel-
logg).
The Speaker-If there be no objection. the
amendment will be modified as suggested
by the gentleman from Pennsylvania MIR
L. Myers.
There being no objection. the amendment
was SO modified. and as modified was agreed
to. The bill as amended, was ordered to
be engrOssed for third reading, and being
it was accordingly read the third
time, and passed.
Mr.. Brooks. of Massachusetts, moved to
reconsider the vote bNwhieh the bill was
passed, and also move What the motion to
reconsider be laid on the table. The latter
motion was agreed to.