Dewey County advocate. [volume] (Timber Lake, S.D.) 1910-1913, 1912-04-05
CATCHING Up WITH
COL. ROOSEVELT
Taft Trying to Have Supreme
Court Decision Recalled.
CHIEF JUSTICE WITH HIM
Monograph Case Gives Special Point
to Columbus Speech-Administra
ton Wants Congress to Over
throw Courts Action.

| =
delivered before the constitutional
convention Of Ohio an Grafton on ~
| Charter OF Democracy" in which hi
| denounced the doctrine of the infalli
bility of the courts as a grave danger
menacing American institutions, anG
advocated simrlified method for the
recall of court decisions by the people
At once he was assailed by the repre-
sentatiyes of Zig Business and OF
Monopoly as an advocate of virtual
anarchy ard living threat against
the safety of property
Of 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-the Supreme
Court of the United States handed
down decision. coupled with the dis
sent of three members. including that
of the chief Justice indicating Col
onel Roosevelt's attitude in every par
ticular. The Supreme Court caught
up with Roosevelt. And the severe
comments drawn upon himself from
the advocates of special privilege
ought now, in all justice. to be passed
on to the Supreme Court and espe-
cially to Chief Justice White. For II
ever a human being voiced demand
for the recall of decision of the
courts. Chief Justice White did so in
his dissenting opinion.
The Case in Point.
The case was that of Sidney Henry
ct al VS.. the A. 3. Dick company The
Dick comrany owned the patent on a
rotary mimeograph. 1t sold one of
the machines to Miss Christina B.
Siou. of New York. under a stipula-
ton that the ink stencil paper and
other supplies used with the invention
must be bought from the Dick COM
pany. The Henry company sold Miss
Skou ink for the mimeograph that
was not Dick ink. and the Dick COM
peny sued the Henry company and
Miss Skou for infringement of the pat
,nt on the mimeograph. On March II,
With only seven members of the
United States Supreme Court sitting,
our of them. constituting a majority,
'ecidsd the case and held that when
he Henry company sold the non-Dick
nix to Miss Skou and she used it, this !
constituted an infringement of the |
'atent.
IN dissenting oninion, in which he
YES joined by Justices Hughes and
4amar. Chief Justice White denounced
his extraordinary opinion in the most
in O ~ Cfofi hot
mt did not cover the ink in any way,
e demanded that the legislative de-
artment of the government amend
be law so as to make It impossible
Dr. the precedent established by the
ecisicn to be maintained; and then
e cited some of the weird and ridicu-
JUS lengths to which this decision. II
were maintained. would reasonably
,ad
Views Of Chief Justice.
Under this decision it is now the
W." declared the chief justice. that
hen ratentee sells an engine. that
as a right to bring under the patent
lws all coal or electrical energy used
, work the machine, or even the
bricants employed in it's operation 4
axe a PATENTED carpenters plane. i
he Power now exists to confine the 4
arrenter buying it to the use of \
mber sawed from trees grown on
e land of particular person or
WED in a particular mill The owner
PATENTED cooking device can now n
Did the buyer to use it in connection II
it'll no other food supply than that II
Id by the holder CT the patent. The II
lrcEaser Of patented window frame II
ay now be compelled to use no ma u
rial In his house not bought from the
,lder of the patent on the frame. n
is now established that by putting =
a sewing machine, in addition to n
e notice of patent required by law, r;
notice called a license restriction, III
Q right is acquired as against the II
hole world to control the sale of ali III
e materials used in the operation of NJ
e machine by the person who has III
'ught it, These illustrations are not II!
laginary. III
"The ruling now made is in effect Y
at the patentee has the power by E
ntract to extend his patent rights .--
as to bring within the claims of
S patent things which are not en- -
aced therein, thus virtually legislat.
g by causing the patent laws to
yer subjects to which they could not
ach, the result being to multiply |
onopolies at the will of an interest.
party"
The decision caused laugh of de- !
sion throughout the national carital. i
le advocates of the doctrine of the |
fallibility of the courts were over, |
me with chagrin, while the support. !
S of Colonel Roosevelt inquired with
rcastic emphasis whether the people |
the polls, SO frequently denounced
a mob" by the advocates of spe-
al privilege, could ever do anything |
orse.
Applying the Recall.
In the meantime, the attorney gen.
al and other administration oppo.
nts of Colonel Roosevelt fiuttered
out in f1abbergasted haste to find
me speedy way to recall the opin-
4: for if sustained this opinion will