Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1912-04-02
1t were maintained, would reasonably
Views Of Chief Justice.

lead.
Views OF Chief Justice.
Under this decision 1t is now the
law" declared the chief Justice. that
when patentee sells an engine, that
has right to bring under the patent
laws all coal or electrical energy used
to work the machine, or even the
lubricants employed in it's operation.
Take a patented carpenters plane.
The power now exists to confine the
carpenter buying 1t to the use Of
lumber sawed from trees grown on
the land of a particular person or
sawed in particular mill. The owner
of patented cooking device can now
hold the buyer to use it in connection
with no other food supply than that
sold by the holder OF the patent. The
purchaser of patented window frame
may now be compelled to use no ma
terial in his house not bought from the
holder Of the patent on the frame.
1t is now established that by putting
on a sewing machine, in addition to
the notice of patent required by law.
a notice called a license restriction,
the right is acquired as against the
whole world to control the sale OF all
the materials used in the operation OF
the machine by the person who has
bought 1t. These Illustrations are not
imaginary.
''The ruling now made is in effect
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 en-
braced therein. thus virtually IegfsIat-
ing by causing the patent laws to
cover subjects to which they could not
reach, the result being to multiply
monopolies at the will OF an interest
ed party"
The decision caused laugh Of de-
rision throughout the national capital.
The advocates of the doctrine OF the
infallibility Of the courts were over
come with chagrin, while the support
ers OF Colonel Roosevelt inquired with
sarcastic emphasis whether the people
at the polls, 80 frequently denounced
as mob" by the advocates of spe-
cial privilege, could ever do anything
worse
Applying the Recall.
In the meantime. the attorney gen.
eral and other administration oppo-
nents OF Colonel Roosevelt huttered
shout in fiabbergasted haste to find
some speedy way to recall the opin-
49,. 80 20 c,,,<oiroa <hfo o,,frioy IN
tAks the life out OF some Of the most
spectacular trust busting suits the i'd
ministration has IN its incubator. The
attorney general notified the defeated
litigants that II they were game to
try to secure . rshearing Of the case
before 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 bill for the amendment of the
patent law. with the intention Of set
ting congress loose at the Supreme
Court Other steps for the recall Of
the decision were inaugurated by the
commissioner OF patents, who also be-
gan to work on a bill to be handed to
congress.
While this was, going on IN the
executive end of the government, the
scene on Capitol Hill was equally live
ly. Apparently every legislator In
congress wanted copy OF the de-
cision, some for the purpose OF en-
joying themselves and others to study
It in the search for way to recall it.
The supply Of copies was only normal
and was soon exhausted, but the de-
mand was SO insistent that the court
officials bowed to popular clamor, at
the risk OF being charged with having
been swayed by the mob. and had an
additional supply printed.
This is the second piece Of sensa.
tional legislation perpetrated by the
United States Supreme Court within
few months, but this later instance
could not better serve as an endorse
ment Of Colonel Roosevelt's plea for
the recall OF court decisions II 1t had
heed made to order for that purpose.
The Supreme Court has indeed
caught up with Colonel Roosevelt