The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1912-04-05
CATCH|NGUP WITH
COL. ROOSEVELT
Taft Trying to Have Supreme
Court Decision Recalled.
CHIEF JUSTICE WITH HIM
Mimeograph Case Gives Special Point
to Columbus Speech-Admlnlstra-
ton Wants Congress to Over
throw Courts Action.


On February 81 Colonel Roosevelt
delivered before the constitutional
convention OF Ohio an Grafton on "A
Charter of Democracy" in which he
denounced the doctrine of the fnfalli-
bility of the courts as a grave danger
menacing American institutions. and
advocated a simplified method for the
recall of court decisions by the people.
At once he was assailed by the repre-
sentatives of Big Business and OF
Monopoly as an advocate of virtual
anarchy and a living threat against
the safety of property.
OF course. at the time he was speak
ing more particularly Of state courts,
but I'm 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, vindicating Col
onel Roosevelt's attitude in every par
ticular. The Supreme Court caught
up with Roosevelt. And the severe
comments drawn upon himself from
the advocates OF special privilege
ought now, In all justice. to be passed
on to the Supreme Court and espe-
cially to Chief Justice White. For II
ever a human being voiced demand
for the recall of a decision OF the
courts, Chief Justice White did so In
his dissenting opinion.
The Case In Point.
The case was that Of Sidney Henry
ct al vs. the A B. Dick company. The
Dick company owned the patent on a
rotary mimeograph. 1t sold one OF
the machines to Miss Christina B.
Skou. OF New York, under a stipula-
ton that the ink, stencil paper and
other supplies used with the invention
must be bought from the Dick COM
pany. The Henry company sold Miss
Skou ink for the mimeograph that
was not Dick ink, and the Dick com
pany sued the Henry company and
Miss Skou for infringement OF the pat
ent on the mimeograph. On March II,
with only seven members OF the
United States Supreme Court sitting
four of them, constituting majority
decided the case and held that when
the Henry company sold the non-Dick
Ink to Miss Skou and she used II. this
constituted an infringement of the
patent.
In a dissenting opinion, IN which he
was Joined by Justices Hughes and
Lamar. Chief Justice White denounced
this extraordinary opinion in the most
biting language. Stating that the pat
ent did not cover the ink in any way
he demanded that the legislative de
partment of the government amend
the law so as to make 1t impossible
for the precedent established by the
decision TO be maintained; and ther
he cited some OF the weird and ridicu
lous lengths to which this decision. i
II were maintained, would reasonably
lead
Views Of Chief Justice.
under this decision 1t is now th'
law" declared the chief justice, 'tha
when patentee sells an engine, "tha
has right to bring under the paten
laws all coal or electrical energy uset
to work the machine, or even the
lubricants employed IN its operation
Take a patented carpenters plane
The power now exists TO confine th'
carpenter buying II TO the use o
lumber sawed from trees grown ol
81 ~
sawed In q particular mill. The owne
of a patented cooking device can nov
hold the buyer TO use IT In connection
with no other food supply than tha
sold by the holder OF the patent. TIL
purchaser of patented window frame
may now be compelled TO Use no ma
terfal In his house not bought from tn
holder OF the patent on the frame
II Is now established that by puttin
on a sewing machine. in addition Z
the notice Of patent required by law
n notice called license restriction
the right is acquired as against tn
whole world 10 control the sale OF a
the materials used in the operation @
the machine by the person who ha
bought IL These illustrations are no
imaginary.
THE ruling now made is In effec
that the patentee has the power b
contract TO extend his patent right
so as TO bring within the claims c
his patent things which are not en-
braced therein. thus virtually legisla
ing by causing the patent laws (
cover subjects 10 which they could nc
reach, the result being 10 multipl
uonopolies at the will OF an interes
"a party"
The decision caused laugh OF d.
gision throughout the national capita
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