The morning times., 1896-10-20
THEIR GENIUS THEIR OWN
Government and Inventions
of Naval Officers.
JUDGE ADVOCATES VIEWS
He Suggests Legislation to Remedy
Existing DiffIculttes-Service
Pay for Their Use Under CERTAIN
Conditions-P punishment of Enlisted
Men-othcr n Needs of the Navy.

, Capt. s. G. Lcmly, judge advocate general
of the Navy, in his annual report calls at
tcnlion to tie inability OF the department
TO compel the attendance OF civilian VIII
nesses before the court martial. The Ian
ure TO secure civilian testimony has EN-
barrussed court martials, and ne reco'ii-
meuds that Congress be requested 10
remedy this evil by legislation.
An important difference exists between
the Army practice and that oil the navy
in dealing with enlisted men sehlehccu 10
a period of confinement and todish ohoraole
discharge from the service. Enlisted men
of the rmy in such cases are first dis-
charged ana then confined during the
period prescribed by the sentence, whlie
enlisted men of the Navy, IN Ike CIT
cunstances, are retained In the service uhtii
the expiration Of the period of confinement
imposed.
Under the present practice the Navy
has To carry these men ON thc roiis 10
the exclusion OF active men who might
take their places. In view of these con
sl,ierlIIons he recommends That Congress
be requested to change the naval law So
as TO conform with that Of the army.
AS TO DEsERTIONs.
He recommends That the law of 1883,
now expired, relative to desertions be
extended SO as 10 give the department
chance TO act on cases which now appear
TO be nieritorious. The number of appli-
cants who would be entitled to RELIEF
honorable ,liscnarge) if the limitations of
the act are removed is not very great, ana
there appea RS no equitable reason for
their exclusion.
Under the head of Acquisition of Patent
Rights the Judge Advocate says
'lue rapIu drN viOpIucnu ..IilCi. Mas taken
place during recent years in naval construc-
uon has brought InLo proIIln,htc Tie qles-
ton of the relations of the government to
holders of letters patent, and particularly
10 That class OF inventors VINO are in the
public service.
y modern vessel of war is a complicated
structure. employing ill its hull machinery,
equipment and interior economy devices
covering a wide range OF Invention and
utilizing Il rule the most recent dis
cuyrric> ia heating, vcntlaIing, the han
ding and disposition of ammunition, stores
and supplies, electric lighting, interior
communication, etc
Employees of the government, and par
ticniariy officers Of the navy. who are
Interested in such matters, naturally be
come III many instances the inventors OF
new and valuable devices and Improve
mentS, upon which letters patent are
issued.
1t is the policy of the government to
encourage inventors, and the courts have
adopted a liberal Interpretation of the
law in dealing with the rights OF the class
referred to, having held that officers OF
tie Army and Navy, for example, notwith-
standing their connection with the public
service. are entitled to the fruits of their
inventions, even when of a character use
ful to the government alone, provided that
the work Of inventing and >perfecting
such devices and improvements has been
a matter of personal enterprise and cf-
fort. 1t is Otherwise. however, where Of
| iiCers or employees of the government have
| been assigned to the duty of dcyising
| improvements, and where facilities for
! Contiucting experiments with reference
| thereto. have been furnished by the govern
| ment.
The adjustment of the rights of in
| vpLtOfs V hn are in tie public service, and
| whose inventions are used by the govern
| ment, has been found in practice To he II
matter of difficulty. Legislation on the
| subject has been heretofore recommended,
and at least one measure vas introduced
| ut the last session OF Congress intended
| 10 meet lhc difficulties encountered in this