Pioneer press. [volume] (Martinsburg, W. Va.) 1882-19??, 1912-03-30
CATCHING Up
WITH ROOSEVELT
TAFT Trying 70 HAYS Supreme
Court D2G!S:21 Recalled.
CHIEF JUSTICE IS WITH HIM,
Rotary Monograph Gaze Gives Sec-
cial Point to tho Colo0olS Columbus
Observation-Disclosures Wanto Con-


Observation-Disclosures Wants Con-
gross to Overthrow Courts Action.
On Feb. 81 Colonc! Roosevelt Geliv-
cred before the constitutional conyen-
tion OF Ohio all Grafton GA ~ Charter
OF Democracy" In which he denounced
the doctrine Of the infullibility Of the
courts as grave danger menacing
American Institutions and advocated a
simplitied method for the recall Of
court decisions by the people. At once
he was assaled by the representatives
or big business and OF monopoly Us en-
advocate OF virtual anarchy and Il liv-
Ing threat against the safety Of prop
erty.
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 Colo
mel ROOscvelt's attitude In every par
ticular. The supreme court caught I'D
with Roosevelt. And the severe COM
ments drawn upon himself from the
advocates Of special privileges ci:ght
now IN all justice to he passed Or to
the supreme court and especially TO
Chief Justice White, for If ever Il hui
man being voiced demand for the
recall Of decision Of the courts Chief
Justice White did SO In his dissenting
opinion.
The case WIS that Of Sidney Henry.
ct al vs. the A. B. Dick company. The
Dick company owned the patent on Il
rotary mlmeograph. 1t sold one Of the
machines to Miss Christina b. Si:ou OF
New York. under 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 sSkou for in
frlngement Of the patent on the mimeo-
graph On March II, with only seven
members Of the United States supreme
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 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 ia any
way, he demanded that the legislative
department Of the government amend
the law 80 rs to make 1t impossible for
the precedent established by the de-
cision to be maintained.
Under this decision 1t Is now the
law declared the chief Justice, chat
tho Datentee 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 q laugh of deri-
sion throughout the national capital.
The advocates of the doctrine of the
1nfallibility 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, so frequently denounced
as mob by the advocates Of spc-
cial privilege, could ever do anything
worse.
In the meantime the attorney gen
eral and other administration oppo-
nents of Colonel Roosevelt huttcred
about In fabbergasted haste to find
some speedy way to recall the opinion.
Tor If sustained this opinion will take
the life out Of some Of the most s,,ec-
tacular trust busting suits the admin
lstration has In It's incubator. The
attorney general notified the defeated
htigants that If they were game to
try to secure a rehearing Of the case
before q 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-