The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-03-16

premc Court today held that the own
Ter OF patent has an unrt stricted mo-
nopoly upon all articles used in it's
operation. may fix its price and pre-
scribe Its use. and thereby laid down
broad principle Of doubtful applica-
ton to many OF the Governments i'm
portant antitrust suits now pending
which involve questions of patent
rights
The Court stood four TO three. Chief
Justice White. with whom dissented
Justices Lamar and Hughes. In a spir-
tied opinion. voiced his dread OF the
results OF the Courts work. asking
lwho could foretell the extent Of mo-
Nnopoly and wrongful restrictions
which would arise. AS construed by
the majority Of the Court. the Chief
Justice declared the patent law could
reach out to include within a patent
every conceivable thing used In every
S<American household.
The Chief Justice declared that
Congress should act to head off "un-
told evils" which would follow the
Courts construction CT the law. and
arraigned the majority as having brok-
4 history. he said. had never failed to
do It's duty TO the whole people and
TO stand as the protector of every
household.
Justice Lurton. who delivered the
--.pMSority opinion. was joined by JUS
tices McKenna. Holmes and Van De-
srvsnser.
Oficials OF the department OF JUS
tice were not inclined to discuss the
Courts decision or it's application to
antitrust suits Attorney General
wickenham and Solicitor General
Lehmailn heard the decision and re-
garded Il as epoch-making. Mr.. Leh-
mann declined to make a statement
and Attorney General wickersham
was unwilling.
During the last two years the de-
partment Of Justice. in It's prosecutions
under r,e Sherman law. has encoun-
4 tered m're and more the question OF
the rights of patentees. some officials
OF the department. have predicted that
the antitrust suits of the future would
be fought along these lines. That
question was involved In the case
against the Electrical Trust. now set
ytled In favor of the Government. and
some officials think the same question
might be introduced In any antitrust
suit against any Industrial combina-
tion.
Because Of the sweeping import
\ lance OF the decision to the enforce
, ment OF the Sherman law. II Is not
improbable that a rehearing may be
asked for 20 bring the question be-
fore fun bench OF Justices. Justice
Day al, not participate. and the va
r Harlan has not been filled.. though
Chancellor Pitney. of New Jersey. has
been nominated. but not confirmed by
the Senate.
Foremost among the pending anti
trust suits which may be affected are
those against the United shoe Ma
chinery Company. the Keystone
Watch Company and the so-calied
Coaster Brake Trust" A score or
more OF Investigations now under
way by the department OF justice. In
which corporations are claiming the
rights OF patentees to certain mono
poles and restrictions. are vitally at
fected.
Department OF Justice officials be-
lIeve the decision may throw out one
feature OF the case against the Key-
stone Watch Company. reiationg to
reselling prices. In the Shoe Machin-
I cry Company case. In which questions
OF patent rights are involved. al
though II is admitted the company
may strengthen some portions Of Its
defenccs by the decisions. the de-
partment OF justice regards those
suits as considerably broader than
= the usual antitrust suits involving
patents. because ot the Governments
allegations Of combination.
The case actually before the Court
concerned the right ~ the patcntec Of
n rotary nimeograph To bind the pur-
4 chaser Of each machine To use upon
10 only ink which he manufactured.
The question arose "a To whether