Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-04
ASKS FOR NEW COURT
Patent Bar Working for Pas
sage of Pending Bill.
/ TO DECIDE ALL APPEALS
Provides for Chief Justice and Four
Associates.
LOCATION TO BE THIS CITY
Jurisdiction of the Proposed Tri-
bunal and Necessity for It's
Establishment.
LOCATION TO BE THIS CITY

| A movement is on foot in this city and
| elsewhere to establish a United States
court Of patent appeals. 1t has reached
the point where the committee in charge
| will have a hearing tomorrow before the
| House judiciary committee. The Ameri-
! can Bar Association on Patent, Trade
| Mark and Patent Law appointed COM
mittee of it's members to look after the
| interests of the movement consisting of
| Joseph F. Edison. r. S. Taylor Arthur
| Stewart. Fred p. Fish and .. r. Bar
nett.
| Mr.. Edison today outlined the provisions
| of the bill which the committee will en-
deavor to have passed. The proposed
court will have five justices. The chief
justice will be appointed by the Presi-
| dent. with the advice and consent of the
Senate, and the associate justices are to
be appointed by the chief justice OF the
Supreme Court of the United States from
the judges of the circuit and district
courts. Two Of the judges sit for three
yeas and two for six years.
Term of the Court.
1t is also provided that the term of the
proposed court shall be held annually in
this city. beginning the second Monday
of October. and that the chief justice of
the court is to receive a salary of $4,000
per annum. while each of the associate
justices is to receive salary of S11 800
per annum. the same. however. to in
clude the amount now paid to him
circuit or district judge, the case may
be.
The court is to have jurisdiction to hear
and determine appeals and writs of error
from final judgments and DEGREES in the
circuit courts of the United States in
cases arising under the laws Of the
United States relating to patents for in
ventions. and from final judgments and
DEGREES in cases arising under the laws
Of the United States relating to patents
for inventions rendered by any other
of the United States to hear and decide
such cases in the first instance: Pro-
vided, however. that it shall have no
jurisdiction in cases originating in the
Court of Claims
Appeal or Writ of Error.
Another provision is that after the pro-
posed act takes effect mo appeal or writ
of error shall be taken from any circuit
court or other court of the United States
to any circuit court Of appeals or other
appellate court in any case to which an
appeal or writ of error may be taken to
the United States court of patent appeals
under the provisions of this act.
The bill also provides for the appoint
ment of clerk and marshal with salar-
les of $1,000 and $500 per annum, re-
Spectively.
Referring to the necessity for the estab-
lishment of the proposed court and the
objects attainable thereby, Mr.. Edison
called attention to the following extracts
from the report of the House committee
of patents, and a report Of the committee
on patent, trademark and copyrights law
nf 1ari< lloY CO lot i'm
Another Supreme Court.
The proposition Is to create a new
federal court which will be, In effect, an
other supreme court, to have practically
final jurisdiction for the United States
in department of business not second in
Importance TO any other in our country.
1.-THE United States circuit courts of
appeals were created by the act of March
! 3, 1891. The enactment of that law was
due in large measure to the influence and
aid OF the American Bar Association. The
occasion for 1t was the fact that the Su-
pfeme Court was unable to keep up with
| the business upon its docket. 1t was over
| three years behind in its work and get
| ting further behind every year. In that
respect the law has served its purpose
well for the Supreme Court has now
caught up with its docket and is able to
dispose of its great business promptly.
| Patent causes are now heard in the first
| instance by the United States circuit
courts. and then on error or appeal by the
| United States circuit courts of appeals
! BY the terms of the statute the decisions
| of the latter courts are final in all pat
| ent cases, except that they may be taken
| to the Supreme Court by it's special writ
| OF certiorari.
Conflicts Of Decisions.
I'VE have thus, in effect, nine supreme
| courts in patent causes. The nature of
| the subject matter is such that this pro-
duces curious inevitableness of con-
| ficts of decisions. patent creates a
property interest coextentive with the
! United States. The question of its validi-
| ty, therefore. presents exactly the same
question to nine separate and independent
courts. That there should be conflicts OF
opinion and decision among them is bound
| to occur. 1t was imagined at first, with
out any adequate reflection. that the cir
| cult courts of appeals would be able to
accommodate such differences by comfy,
as had been done by the circuit courts.
But 1t was soon apparent that but little
| relief was possible in that way. The
| decisions of the circuit courts under the
| cid system were subject to review by the
common superior authority of the Su-
preme Court, and they could afford to
defer to ane another's opinions with a
| certain degree of freedom. But when
| court is making a final decision it must
| give effect to its own views.
| THE consequence is that the admins
| tration of the patent law has been marred
by many conflicting opinions in the United
States circuit courts Of appeals. This is
| the more unfortunate because it is fun
damental to justice that a patent. being
grant to be enjoyed throughout the
United States. shall have the same force
and meaning in all the states. This is not
attainable except by the creation OF a
court whose decisions in patent causes
shall have controlling effect in all parts
of the country alike.
Reasons for the Plan.
1.-The reasons for this plan of oreaniza-
ton of the court are to be found in the
peculiar character of the business of the
court Patent law is a science sui gene
rs-aujte different from the general law.
It's administration involves the consldera-
ton of problems in mechanics. chemistry,
engineering and other sciences. 1t re-
quires some special aptitudes to consti-
tute a good patent judge. At the same
time, no man is qualified in the highest
degree for the duties of patent judge
general field of the law. The men who
are to be found among the judges of the
United States circuit and district courts
of whom there are now in Office 113.
They are selected by the President first
as good lawyers in the general field of
the law. On the bench they are pupils
in the best of all law schools. They
IF al kinds