Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1912-03-12

w NaShlngton, March 1.-THE sllprelne
court held today that the owner of a
patent has an unrestricted monopoly
upon all articles used in its operation.
may fix its price and prescribe its use,
and thereby laid down broad princi-
pie of doubtful application to many Of
the governments important anti trust
suits now pending which involve ques-
tlons OF patent rights.
Fraught With Danger.
The court stood four to three. Chief
Justice White with whom Justices Ia
mar and Hughes dissented, voiced in a
spirited opinion his dread of the results
Of the courts rendering, asking who
could fereten the extent Of monopoly
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 in
clude within d patent every conceiv-
able thing used in every American
household.
Congress Should Act.
The chief justice declared that con-
gress should act to head off the 'up-
told evils which would follow the
courts construction OF the law and ar
! raigned the majority as having broken
all precedents. The court in its his
tory, he said had never failed to do its
| duty to the whole people and TO stand
| as the protector of every household.
Justice Lurton, who delivered the ma
jority opinion, was Joined by Justices
| McKenna, Holmes and Vandevanter.
Department Officials Reticent.
Officials Of the department of justice
were not inclined to discuss the court s
decision or its application 20 antitrust
suits Attorney General Wickersham
and Solicitor General Lehman heard
! the decision and regarded it as epoch
| making. Mr.. Lehman declined to
make statement and Attorney Gen
| eral Wickersham was unwilling.
Narrows Scope Of Sherman Law.
During the last two years the de-
partment Of justice in its prosecutions
under the Sherman law has encounter
| ed more and more the question of the
rights of patents. Some officials in the
department have predicted that the
antitrust suits Of the future will be
along these lines. That question was
| involved in the case against the cleo
| trical trust, now settled in favor of the
! government, and some officials think
the same question might arise in any
| antitrust suit against any industrial
combination.
Rehearing May Be Asked.
| Because Of the sweeping bearing Of
1.-THE decision upon the enforcement of
the Sherman law, it is not improbable
that a rehearing may be asked for to
bring the question before full bench
/ Of Justice. Justice Day did not partic-
| ipate, and the vacancy caused by the
death of Justice Harlan has not been
filled, though Chancellor Pitney of New
Jersey has been nominated, but not
confirmed by the senate.
Some of the Possibilities.
The chief justice gave illustrations
Of what the effect Of the decision might
be- He declared that the court had
said to the patentee selling a patented
engine that he had the right by con-
tract to bring under the patent laws
all contracts for coal or electrical en-
ergy used to afford power to worg the
machine. To the buyer of patented
sewing machine, he declared it said
that the patentee might require all the
thread, needles or oil used to be
| bought from the patentee.
Dread of Resulting Practices.
The patentee of a cooking utensil
might require that all food cooked in
it be purchased Of him, or the patentee
Of a window frame that all the mato-
rial in q house inv hich the frame was
to be used must be procured from him
MY mind cannot shake off the dread
of the vast extension OF such practices
which must come from the decision OF
the court" said the chief justice.
People Don't Need to Buy, Says Lur'
ton.
Justice Lurton in his opinion had
retired to such instances as 'fanciful.'
"AIl fail" said Justice Lurton, be
cause the public is always free TO take
or refuse the patented articles on the
terms imposed. If they are too oEler-
ours and not in keeping with the ben
efts. the patented article win not i0t
q market