Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-02
Hearing of the Wedderburn Case Re-
sumed.
DISCUSSES ETHICS OF ADVERTISING
Commissioner Butterworth Has No
Doubt Of His Jurisdiction.
TREATMENT OF INVENTORS

ing. Mr.. F. W. Winter argued for
the government, beginning the reply of the
prosecution to the arguments of Judge
Wilson and ar. Ford in behalf of the re-
spondents.
Mr.. Winter, in opening, commented upon
Judge Wilson's contention that after the
entire country had been secured, and all
of the applications filed by Wedderburn
had been examined, only twenty-five cases
had been found improperly prosecuted. He
stated that the twenty-five cases In ques-
ton were merely illustrations.
Commissioner Butterworth remarked that
1t might be worth while to argue the ques-
ton for the benefit of the public, but 1t
was not probable that the court would be
misled in the matter.
No Doubt About Jurisdiction.
In referring to the contention that We'd
derburn & Co. cannot be disbarred because
they do not practice before the office, Mr..
Winter produced several applications in
which the attorney of record was John
Wedderburn & Co. He further asserted
that the commissioner has jurisdiction over
and the public. He asserted that the juriS-
diction of the commissioner over patent
agents is at least as broad as that of a
judge over the bar of court
no doubt whatever of his power to disbar
John Wedderburn, and that he has a right
to take notice of the relation of John We'd
derburn to the company.
Mr.. Winter referred to the cases In which
applicants had been urged to take appeals
when the inventions were clearly impatient
able, and stated that the letter usually sent
in such cases contained nothing but bare
statement of facts, such the applicant
might have obtained directly from the Of
flee without the intervention of an attor-
Fey. He contended that the duty of an at
torney toward his client required him to
keep him well and exactly informed as to
the state of his business, and quoted at
some length from Bouvier's Law Diction-
airy in support of his position. The letter
just referred to did not, in his opinion, full
fill the requirement of the law in this re-
spect. The manner in which the appeals
were prosecuted, no briefs being filed and
no appearance made, was also criticised and
held to exhibit dereliction of duty.
Clearly n Fraud.
Mr.. Winter then commented upon the So
called ''unfavorable report" letter. This
letter was sent in upward of 10000 cases
in which an anticipating reference was
found, and contained merely the number
of the nearest reference, without any state
ment to the invention thereof, and
request for the remittance of $40. Mr.
Winter suggested that the letter was not
such as the circumstances required.
Commissioner Butterworth read the let
ter and remarked that there could be no
doubt about it.
''The letter is clearly Fraud he said.
Mr.. Winter next discussed the character
of the searches made by the respondents
When the searches were revised the re-
wiser having only a sketch and the list of
classes searched before him in the case of
favorable searches, had to rely emereiy up
on his memory as to whether the search
had been complete. He asserted that it
was impossible for any one, however
skilled, to do this properly. The searcher's
incompetency could not be thus checked or
remeded
1.-The search is just as thorough as the
searcher is capable of making it, and no
revision by memory can add to its thor
oughness," he said.
He discussed the manner in which the
valuations were placed upon unpatented
inventions by Mr.. Hughes in the office of
WedGerburn & Co. This gentleman, it ap-
peared, was in the habit of placing a value
of several thousand dollars upon inventions
not understood or studied by him. and
whose patentability was either very doubt
full or entirely lacking. Mr.. Winter stated
that many persons had been shown to have
been niisled by these valuations, and that
this practice was therefore reprehensible.
The general methods of business en-
ployed by the respondents were then
ferred to and criticised. He stated that as
far as advertising is concerned, SO long as
it is truthfully and honestly done, not a
word Of objection can be urged against it.
He asserted that the manner of advertise
ing employed by Wedderburn & Co. was
not of a truthful character. He read ana
commented upon the character OF an adj
vertisement, which he read from the Ma
tional Recorder, which was misleading as
to the character Of the men employed and
work done.
He also read from pamphlet issued by
Wedderburn & CO., lone Thousand Inyen-
tons Wanted One of these wants was
for monkey wrench. in which class there
are 1900 patents, and another for nut
locks. for which kind of inventions there
are 1,SOO patents in the office. He stated
that this pamphlet had melted IS, 900 peo-
pie to believe that they had made inven-
tfons which they paid the respondents s.
each to search. and that in this manner
and to this extent the pamphlet is wrong
and misleading and was sent out merely
to bring into the office of the company the
s. of each case.
Mr.. Winter stated in closing, that the
company spent. all their efforts in invita-
tons to their clients to spend more money
and not in prosecuting their cases. ard
this. he said. was clearly in violation Of
their cuty as attorneys.
Mr.. Winters address was a forcible and
eloquent exposition of the governments
side of the case, and at its conclusion he
received the congratulations of many Of
his friends upon it.
Mr.. Fisher Speaks for the Profession.
At 1 o'clock this afternoon the case for
T. Fisher. recently assistant commits
sioner of patents. Mr.. Fisher represents,
with Mr.. Doolittle and ex-Commissioner
Marble. the members of the profession,
and their selection. 1t appears, was de-
termined by vote of the Patent Bar AS
ISOLATION. The services of these gentlemen
were offered in the name of the association
to the commissioner In the investigation
Of this and other cases. and were promptly
accepted by him.
Mr.. Fisher stated. in opening, that he in
| tended to touch briefly upon the fncts
with the especial intention of showing his
| sympathy with the movement en- the ma 1T
of government. Mr.. Fisher stated that his
services and that of his colleagues were
entirely gratuitous.
| He stated that dozens OF pieces OF evil
derce against the respondents had been
brought to him unsolicited and had not
been put into the case on account OF the
already volumin0us record.
He characterized the entire scheme of
| the respondents business as even more
| reprehensible than gold brick scheme.
/ its success depending upon the commo1
! desire to get rich quickly. He proceeded
/ to review the conduct of business. and
| criticised in detail the advertisement which
| first induced correspondence the circuiar rs
| sent in response to inquiries instignied by
| the advertisement, paying particular at
| tentfon to the prize OFFER and the 81 OO
inventions wanted.