Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-23
THE PROPOSED NEW COURT.
Senator Morgan Explains the Measure HI
Introduced
Need for a Patent COurt-PrOposed De.
and Congress of Claimants.

The bill that was introduced the othel
day by Senator Morgan for the establish
ment of a departmental court Of appeal.
Is attracting considerable attention from
members Of both houses of Congress- who
think that possibly its passage will furnish
to them a measure of relief as well as t.
the score Of claimants who make up q
large part of the city's Inhabitants. Tht
bill as formulated would no doubt render II
less likely that disappointed claimant II
would seek relief in Congress, for the &C.
tion Of the proposed court Is to be final, with
no further appeal, and Congressman would
therefore be well able to disclaim any abil
ity to interfere.
Senator Morgan yesterday explained to 9
Star reporter that the bill as drawn is ar
outgrowth Of an idea he has been study.
ing for several years past for the estab-
lishment of a court to take exclusive juris
diction over patent cases. Some years ago
when he was on the committee on patents
he realized what an enormous amount o1
business there was growing out of the ad
publications Of the patent office, and he be
gan to broach the subject of a patent court
Nothing came of 1t. but 1t became knowr
that he was interested in the subject anG
number of lawyers of the city called his
attention recently to the needs of a cour
that should have a wider jurisdiction thar
over patent cases alone.
so they drew up this measure" contin
ued the Senator. "and while there may bt
some few matters Of phraseology that
might prefer to have changed, 1t seems t
me to be a very excellent BILL 1t ought t.
be a great relief to the departments. O,
we'll as to the people who cannot secure
favorable consideration for their claims
Wfll the court have Jurisdiction Ovel
pension .clainls?' was asked.
mo! "A pension claim is not legally q
claim against the government 1t Is 9
bounty. and as such cannot be taken into
the courts. 1t has no really legal status In
court. In patent cases the proposed court
will hear causes not only between claim
ants and the government, hut between riya
claimants to certain inventions. 1t will Try
questions of priority of device. and the
right to exclusive manufacture. 1t will re-
lieve the department greatly. as well as the
present Court Of Appeals Of the District"
Just how far will 1t encroach upon the
field Of the court of claimsT'
LAS far as 1t is now designed the pro.
posed court will not touch the jurisdiction
Of the Court of Claims" was the answer
1t Is difficult to state just what that juris
dictton Is, without reference to the statutes
for there have been numerous enaetmenti
giving the court the right to try special
classes of cases. and It's Jurisdiction is u
wide one. But there are enough claims tha
are not now thus included to keep the new
court very busy. In case there should bs
any dispute as to the jurisdictions Of tn.
two courts. 1t would be easily Temedied b,
legislatio At present an appeal will liz
from the Court Of Claims to the United
States Supreme Court. There will be ne
appeal from the proposed court.
What is really wanted in this country
the Senator went on. lis sucn a court a:
exists In England, called the Legislativ,
Court That body passes upon all claim.
such as are here put through Congress a.
private bills for relief. They are a grea
nuisance. for they take up time. and caus.
great worry to Senators and Members
When the Court Of Claims was established
1t was hoped that We would be able to shif
many of these cases to It's attention, bu
the claimants seem shy Of taking theiI
cases there, for they appear to think thai
they can, In some way. pull the wool ovel
the eyes of Congressman. and slip theil
bills through unnoticed They make q sac
mistake. but they take mp our time in do
ing SO.
1T seems to me-" concluded the Senator
that the bill will prove of great benefit
and should clear up the pigeon holes Of tn.
departments of old cases. do not know
what chances the bill has for passage, but
1t seems to be a righteous measure"