Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-03-30
CATCHING UP
WITH ROOSEVELT
TAFT Trying 10 Have Supreme
Court Decision Recalled.
CHIEF JUSTICE is WITH HIM.
Rotary Monograph Case Gives Spe-
eiai Point to tho coIonel's Columbus
Speech--Administra Wants Con-
eress TO Overthrow Courts Action.

oial Point to tho coIoners Columbus
Observation-Disclosures Wants Con-
eress to Overthrow Courts Action.
On Feb. 81 Colonel Roosevelt deliy-
cred before the constitutional conven-
bon Of Ohio an Grafton on "a Charter
Of Democracy" In which he denounced
the doctrine OF the infallibllity OF the
courts as a grave danger menaclng
! American institutions and advocated a
simpllfied method for the recall OF
court decisions by the people. At once
he was assailed by the representatives
of big business and of monopoly as an
advocate Of virtual anarchy and 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 IL, to be exact, the supreme
court of the United States handed
down a decision, coupled with the dis
sent of three members, including that
| of the chief justice. indicating Colo
mel Roosevelts attitude In every par
tlcular. The supreme court caught up
with Roosevelt. And the severe com
ments drawn upon himself from the
advocates of special privileges ought
now In all justice TO be passed on to
the supreme court and especially to
Chief Justice White, for If ever hui
man being voiced a demand for the
recall Of a 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. r. Dick company. The
Dick company owned the patent on
rotary mimeograph. 1t sold one of the
machines to Miss Christina Il. Skou of
New York. under a 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
ink, and the Dick company sued the
Henry company and Miss Skou for in
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 a dissenting opinion, in which he
was Joined by Justices Hughes and
Lamar, Chief Justice White denounc-
ed 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 II IL now the
law" declared the chief justice, that
the patentee has the power by
contract to extend his patent rights so
as 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
jects to which they could not reach,
the result being to multiply monopo-
lies at the will OF an interested party"
The decision caused a laugh of derl-
sion throughout the national capital.
The advocates OF the doctrine of the
infallibility Of the courts were over
come with chagrln, while the support
ers of Colonel Roosevelt inquired with
sarcastic emphasis whether the people
at the polls, so frequently denounced
as mob" by the advocates Of spe
cial privilege. could ever do anything
worse
In the meantime the attorney gen
eral and other administration oppo-
nents OF Colonel Roosevelt fluttered
about in fiabbergasted 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
tacular trust busting suits the admin
istration hes in its incubator. The
attorney general notified the defeated
litigants that If they were game to
try TO secure a rehearing 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
ney general commenced the prepare
ton OF a 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 lnaugurated by the
commissioner Of patents. who also be-
, gan work on a bill to be handed to
, congress.
4 Apparently every legislator in con
gress wanted a copy of the decision,
some for the purpose OF enjoying
themselves and others to study It in
the search for way to recall it,
This is the second piece OF sensa-
tional legislation perpetrated by the
United States supreme court within a
few months, but this later instance
could not better serve as an indorse-
| mont az Colonel ROOapvQlt'G pleo for