The Bridgeport evening farmer., 1913-05-27
DEALERS MAY CUT
 PRICE ON ARTICLES COVERED BY PATENT
Supreme Courts Interesting De. cision on Case Involving
 Patent Medicine
Marshal HawIey Reimbursed for Fees to BaiIiffs, for Deputy
 Marshal Service
Ry Our Special corres.>

Washington, May 27-The Supreme court handed down a finding yester- day to the effect that patented articles sold under price restrictions by man ufacturers may be resold by dealers at cut rabes
 In the announcement of the court Justice Day said: ''The patent laws give the owner the exclusive right to vend articles, but the question is whether the owner thus got the right to keep up the price, The right to keep up the price is not the same as to vend or sell and was not grant ed by the patent law to the patent owner" He referred to the famous mimeograph case of more than a, year ago, and said that the decision in that case referred to the t'use'' of the ma chine and specified what materials could be used in it
 In conclusion the justice says: '"T1e patentee relies solely upon the notice quoted to control future prices in the resale by a purchaser Of an article said to be of great utility and highly desirable for general use. The appel lee and the JobberS from whom he puT- chased were neither the agents or the licensees of the patentee. They had the title to and the right to ssn the article purchased without accounting for the proceeds to the patentee, and without making any further. payment than had already been made in the purchase from the agent of the paten- tee Upon such facts as are now pre- sented we think the right to vend se- cured in the patent statute is not dis tinguishahle from the right of vending in the copyright act
 'sIn both instances 1t was the in tention of Congress to secure an e1- elusive right to sell, and there is no grant of a privilege to keep up prices and prevent competition by notice re- 4I,o at hi O article may be resoId. The right to vend conferred by the patent law has been exercised and the added restriction IS beyond the protection and purpose Of the act"
 Justices McKenna, Holmes, Lurton, and Van Devanter dissented from the dndinR The case decided was one of local druggist who had sold a pat ented tonic at lower price than that printed on the label The manufac- turer brought suit for an alleged in- fringement of the patent. The local Judges certified to the Supreme Court the question as to whether act of the
 druggist ID selling at less than the fixed price constituted an infringe
 nent of the patent.
 The bid of sfanislaus Ka1iski of Bridgeport, Conn.,, has been accepted for. transporting the mall from the railroad station to the post office, and to the various s11b-stattons.
 The Senate yesterday took up and passed the bill introduced by Senator Frank B. Brandegee redm bursting U. S.. Marshal Sidney B. Hawley- for over 1000 paid to bai1iffs in Connecticut for performing service as deputy U. s. marshals at a time when the business of the office demanded expediency, and the bai1tffs were the only two of fcers available for the service, the | bai1ifs being authorized to perform the work at the time the services were rendered to the government.
 Marcus Floyd and Fred Griffin, both of Tariffvi1Ie are here represent | ing the Connecticut Valley Tobacco Growers Association. They met Sen ator Hoke Smith today and tomorrow \ will appear before the other members l of the subcommittee on finance in 1 opposition to admitting Filipino to- 1 bacco to this country free of duty in
 reciprocity for the admission of all ! American manufactured goods to the Philippine Islands free of duty