The times., 1897-11-05
INVENTORS SHOULD Be PAID
Government Cannot, Without Con-
sent, Use Patented Property.
Judge Advocate General Iemley So
Says in His Annual Report TO the
Secretary of the Navy.


The annual report OF the judge advo
cate general OF the Navy was published
yesterday, and submitted TO the Secretary
of the Navy.
The chief suggestions and recommenda-
tions Of the report are: In prior annual
reports attention HAS been invited to the
advisabilty OF the enactment of legislation
providing for the & cquisi tion by Jhs
Government of certain rights in patents
granted TO its own officers. The question
of the adjustmentio iof the rights Of officers
Of the Navy holding letters patent for the
invention or discoversbf new and valuable
devices and Improvements, the use nf
which is deemed adyanta geous To the public
service, has been found to be matter
OF difficulty. 1858
wherever such inventions are the out
come or the assignment of the Officers MAX
ing them to the special dut of experiment.
ing with view To suggesting improve
merits upou existing methods, special IN
elites having been afforded them by the
department to that end, it has been held
that the pTodact OF their experiments is
the property o. the United States. IL how
ever. an iHventinp is the result OF the per
s1Hal enterprise and effort OF the officer
making it, 40 expense being incurred IL
facilities furnished by the Government
the inventor is entitled to the fruits of his
labor, and letters patent issued To him for
such Invention are his property and cannot
be acquired b the Government without his
consent ana the payment to him of such
royalty as he may demand.
1T is mighty desirable TO employ in the
Construction Of modern vessels OF war the
best devices, not only in armumant ana
machinery hut in lighting, ventilating and
the countless details of equipment and
interior economy. Naturally, many patents
covering such devices are held by eu-
ployes Of the Government, and particularly
by Officers Of the Navy, who, from tn,
nature of their employment are not only
interested III such matters, but often
specially Qualified TO devise improved
methods, and IL is in accordance with
sound policy 10 encourage the exercise of
inventive abilities in al that contributes
to the efficiency OF cur ships of war. 1t
seems advisable, therefore, that some
means he adopted by which this Govern
nIent may acquire the Use Of patent rights
of this character upon q just and equit
able BASIS.
1T very frequently happens when case
is brought to trial before avail general
court martial that evidence of Importance
to the prosecution or defense rests entirely
within the knowledge OF civilian witnesses
| This does not occur OF course, when of
fenses are committed al sea; but as a mat
ter of fact, propoItionately smaI number
only of the greater offenses for which
| officers and IneB are annually brought to
trial by co;Hts- martial are committed dur.
ing the activities 0 cruise.
1T is when vessels are in port, or While
Officers and men are on duty a [ navy ya Ids
and stations, anil men are ashore whether
ON liberty or in the performance Cf some
duty, that special temptations are pre-
sented and Offenses Committed, the essen
tial features of which are known to civil
iaDs only.
1T is highly important, in all relations
with civil ans, that every proper re
| ;!uirement OF discipline should be OBJ
served by persons in the Navy aut par
| ticularIy tGat discreiit should not ba
brought upon the service by allowing or
| fenses committed ny officers or men, IN
the presence OF civilians or resting In thelr
| knowledge, 10 20 unpublished. Proceed
ure in this class OF cases Is, however, often
embarrassed by the, fact that under exist
| ing Law naval courts have no power 70 com
| pei tie attendance or to secure the testi-
mony OF civilian witnesses. 1t is true
| that these courts may issue a subpoena to
sucb witnesses, mt il the subpoena is dis
regarded there is no remedy.
''Sucha state OF affairs Recessa arny exerts
demoraliziug influence upon the service.
| Is is accordingly recommended that Con
| gress b- ask cd to enact provision Of law
| which viii relieve our courts OF this er,.
| barrassnent and enable them to obtain
| the testimony Of civilian witnesses when
essential TO the proper adjudication of
ca ses over which they have jurisdiction