The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1912-03-28
CATCHING up
WITH ROOSEVELT
Taft Trying to Have Supreme
Court Decision Recalled.
CHIEF JUSTICE IS WITH HIM.
Rotary Monograph Case Gives Sps-
cial Point to tho Colonsrs Columbus
Observation-Disclosures Wants Con-
gross to Overthrow Courts Action.

, oPeoeh-f>omintSfra Wants Con-
gross to Overthrow Courts Action.
On Feb. 81 Colonel Roosevelt deliy-
cred before the constitutional conyen-
tton OF Ohio an GRAFTON on "A Charter
or Democracy" In which be denounced
the doctrine Of the infallibility Of the
courts rs grave danger menacing
american institutions and advocated q
simplitied method for the recall of
court decisions by the people. At once
he was assailed by the representatives
or big business and Of monopoly as an
advocate Of virtual anarchy and u liv-
ing threat against the safety Of prop
erty.
or course at the time he was speak
ing more particularly Of state courts,
but IN less than three weeks. on
March II, to be exact, tho supreme
court of the United States handed
down decision. coupled with the dis
sent OF three members, including that
OF the chief justice. indicating Colo
mel Roosevelt's attitude in every par
N'Nei"h. hS ouplSllC SouIL uD
with Roosevelt And the severe COM
ments drawn upon himself from the
advocates Of special privileges ought
now In all Justice to he passed ON to
the supreme court and especially to
Chief Justice White. for if ever Il hui
man being voiced demand for the
recall Of n decision Of the courts Chief
Justice White did so in his, dissenting
opinion.
The case was that Of Sidney Henry,
ct al. VS.. the A. 3. Dick company. The
Dick company owned the patent on
rotary mimcograph. 1t sold one Of the
machines to Miss Christina 3. Skou of
New York, under 4 stipulation that the
ink, stencil paper and other supplies
used with the invention must be
bought from the Dick company. The
Henry company sold Miss Skou ink
for the mimeograph that was not Dick
Henry company and Miss Skou for III
fringement Of the patent on the mimeo-
graph. On March II. with only seven
members Of the United States supreme
court sitting, four of them. CONSTITUTE
ing majority. decided the case and
held that when the Henry company
sold the non Dick ink to Miss Skou and
she used it, this constituted an in
fringement of the patent.
In Il dissenting opinion, in which he
was joined by Justices Hughes and
Lamar, Chief Justice White denounc-
cd this extraordinary opinion in the
most biting language. Stating that the
patent did not cover the ink in any
way, he demanded that the Legislative
department Of the government amend
the law so as to make it impossible for
the precedent established by the de-
ciSiOn to be maintained
Under this decision it is now the
law" declared the chief justice. that
the patentee has the power by
contract to extend his patent rights so
rs to bring within the claims of his
patent things which are not embraced
therein, thus virtually legislating by
causing the patent laws to cover sub
jccts to which they could not reach,
the result being to multiply monopo-
lies at the will Of an interested party"
lC NcClSiOu SdNScD Al luuSl Ol NSII-
sion throughout the national capital.
The advocates Of the doctrine or the
infallibility OF the courts were over
come with chagrin. while the support
Crs Of Colonel Roosevelt Inquired with
sarcastic emphasis whether the people
ut the polls. SO frequently denounced
as q 'mOb' by the advocates Of Spe-
cial privilege. could ever do anything
: worse.
IN the meantime the attorney gen
ert and other administration oppO-
ncnts Of Colonel Roosevelt huttered
about in habbergasted haste to find
some speedy way to recall the opinion.
for if sustained this opinion will take
the life out OF some Of the most spec
tacl0Hr trust busting suits the admin
iStratjon has in its incubator. The
! attorney general notified the defeated
! litigants that if they we're game to
try to secure n rehcaring Of the case
before a full bench Of the supreme
! court the administration would be
| glad to lend all the assistance Of
Which the department Of Justice was
| capable. At the same time the attOr.
| ncY general commenced the prepara-
| ton Of 4 bill for the amendment Of
! the patent law with the intention Of
| setting congress loose at the supreme
court Other steps for the recall Of
| the decision were inauguratcd by the
commissioner Of patents, who also be-
| gan work on bill to be handed to
| congress.
Apparently every legislator III CON
! gross wanted copy Of the decision.
/ some for the purpose Of enjoying
| themselves and others to study it IN
| the search for way to recall it.
-.iL.