The Marshall republican., 1912-03-29
CATCH|NGUP WITH
| COL. ROOSEVELT
Taft Trying to Have Supreme
Court Decision Recalled.
CHIEF JUSTICE WITH HIM
mintogssph Case Gives Special Poin,
20 Columbus sreeeh-Admlnistra-
tion Wants Congress. to over.
throw Courts Action.

delivered before TIC constitutional
convention % ohio IN Grafton on "A
Charter OF Democracy" in which he
denounced the doctrine OF the infalli.
bility OF tie courts as a grave danger
mennclnE American institutions, and
advocated q simplihed method for the
recall OF court decisions by the people.
A. once he was assailed by the repre-.
sentatiyes Of big Business and OF
Monopoly az an advocate OF virtual
anarchy and n living threat against
the safety Of property.
or course. at the time he was speak
ing more particularly OF state courts.
but In less than three weeks-on
March II. 10 be cxact-the Supreme
Court OF the United States handel
down a decision. coupled with the dis.
sent OF three members. including that
Of the chief justice. indicating Col
cnel Roosevelt's attitude In every par.
ticuisr. The Supreme Court caught
mp with Roosevelt. And the severe
comments drawn upon himself from
the advocates Of special privilege
ought now, In all justice. TO be passed
on 90 the Supreme Court and espe-
ciaIiy 10 Chief Justice white. For II
ever n human being voiced a dcmand
for the recall of a decision OF the
courts. Chief Justice white ala 80 In
his dissenting opinion.
The Case In Point.
Tue case was that Of sidney Henry
q al W. the A. n. Dick company. Tho
Dick company owned tho patent on q
rotary mimeograph. II sold one OF
the machines TO Miss Christina b.
gkou. OF New York. under q 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
Dkou 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.
snt on the mimeograph. On March II.
with only seven members OF the
United States Supreme Court sitting,
four OF them. constituting n majority,
decided the ease and held that when
tho Henry company sold the non.Dick
Ink 10 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 20 mako II impossible
for the precedent established by the
decision TO be maintained; and then
no cited some OF the weird and ridicu-
ilous lengths Il which this decision. II
q were maintained. would reasonably
lead.
Views Of Chief Justice.
Under this decision II IL now the
law" declared the chief Justice. shat
when n patentee sells an engine. that
has n right 10 bring under the patent
laws all coal or electrical energy used
to work the machine. or even the
lubricants employed In its operation.
Take q patented carpenters plane,
The power now exists to connne the
carpenter buying II to the use OF
lumber sawed from trees grown on
the land Of q particular person OF
sawed In a particular mill. The owner
of q patented cooking device can now
hold the buyer TO use II in connection
with no other food supply than that
sold by the holder OF the patent. The
purchaser OF a patented window frame
may now be compelled to use no ma
lterial In his house not bought from the
holder OF the patent on the frame
lyt In now established that by putting
ION a sewing machine. in addition to
the notice OF patent required by law
notice called O license restriction
the right 10 acquired az against the
whole world to control the sale of al
the materials used IN the operation Of
the machine by the person who hal
bought II. These illustrations are no,
Imaginary.
"Tbe ruling now made "a in efYec,
that the patentee has tho power by
contract to extend his epatent rights
Iso as TO bring within the claims o.
Ibis patent things which are not EN-
(braced therein. thus virtually legislat
ting by causing the patent laws q
Cover subjects to which they could no,
llsach, the result being TO multiply
l@onopolies at the will Of an interest
IA party"
erhe decision caused a laugh Of do
lrision throughout the national capital
The advocates OF the doctrine OF the
linfallibility OF the courts were over
come with chagrin, while the support
lors of Colonel Roosevelt inquired with
Sarcastic emphasis whether the people
q the polls. 70 frequently denounced
- = ''mob" by the advocates OF spe.
eiaI privilege. could eve do anything
ycrnc.
Applying the Recall.
In the meantime. the attorney gen.
oraI and other administration oppo.
nontn OF Colonel Roosevelt fiuttered
about IN aabbergasted haste to md
H.. LLL