Year: 1879

girl, incautiously sat down on the stove
hearth. She was instantly convinced
that the hearth was exceedingly hot, and
on loudly bewailing the fact, was rescued
by her mother and carried home for
medical treatment. A few days later
Mrs. Smith burst in great excitement
into the room of young law student,
who was one of her boarders, and with
tears and lamentations disclosed to him
the fact that her child was indelibly
branded with the legend, Patented,
1872" These words in raised letters had
happened to occupy just that part of the
stove hearth on which the child had
seated herself, and being heated nearly
to red-heat they had reproduced them
selves on the surface of the unfortunate
child


The law student entered into the
mothers sorrow with much sympathy,
but after he had in some degree calmed
her mind he informed her that breach
of law had been committed. Your
child" he remarked, has never been
patented, but she is marked Patented.
1872 This is an infringement of the
statute. You falsely represent by that
brand that child for whom no patent
has been issued is patented. This false
representation is forgery, and subjects
you to the penalty made and provided
for that crime"


Mrs. Smith was, as may be supposed,
greatly alarmed at hearing this statement,
and her first impulse was to beg the
young man to save her from convict's
cell. With a gravity suited to the occa-
sion, he explained the whole law of pat
ents. He told her that had she desired
to patent the child she should have
either constructed model of it or pre-
pared accurate drawings. with specifca-
tions showing distinctly what parts of
the child she claimed to have invented.
This model or these drawings she should
have forwarded to the Patent Office, and
she would then have received in due
time patent--provided, of course, the
child was really patentable-and would
have been authorized to label it Pat
ented." Unfortunately" he pursued,
sit is now too late to take this course,
and we must boldly claim that a patent
was issued, but that the record was de-
stroyed during the recent fire in the
Patent Office"


This suggestion cheered the spirits of
Mrs. Smith, but they were again dashed
by the further remarks of the young
man. He reminded her that the child
might find it very inconvenient to be
patented eff we claim'-he went on to
say-"that she has been regularly pat
ented it follows that the ownership of
the patent, including the child herself,
belongs to you. and will pass at your
death into the possession of your heirs.
Holding the patent, they can prevent any
husband taking possession of the girl by
marriage and they can sell, assign,
transfer and set over the patent-right and
the accompanying girl to any purchaser.
If she is sold to a speculator or to joint
stock company, she will find her position
most unpleasant one. To sum up the
case, Madam, either your child is pat
ented or she is not. If she is not pat
ented, you are guilty of forgery. If she
IS patented, she is an objec< of barter and
sale, or, in other words. chat tel"


This was certainly a wretched state Of
things, and Mrs. Smith, to ease her mind,
began to abuse Mrs. Brown, whose stove
had branded the unfortunate little girl.
She loudly insisted that the whole fault
rested with Mrs. Brown, and demanded
to know if the latter could not be pun
ished. The young man, who was i'm
mensely learned in the law, thereupon
began a new argument. He told her that
where there is wrong there must in the
nature of things, be remedy. Mrs.
Brown, by means of her stove, has done
you o great wrong. In accordance with
the maxim, qui .facit per alum facit per se,'
Mrs. Brown, and not the stove, is the
party from whom you must demand re-
dress. She has wickedly and maliciously.
and at the instigation of the devil, brand
ed your child, and thus rendered you
liable for an infringement of the Patent
law. 1t is my opinion, Madam, that an
action for assault and an action for libel
will both lie against Mrs. Brown, and,
'sem6Ie,' that there is also ground for
having her indicted for procurement of
forgery" Finally, after much further
argument, the young man advised her to
apply to a magistrate and procure the
arrest and punishment of Mrs. Brown.


Accordingly, Mrs. Smith applied to the
Mayor, who after vainly trying to COM
prehend the case and to find out what
was the precise crime alledged against
Mrs. Brown, compromised the matter by
unofficially asking that lady to appear
before him. When both the ladies were
in court, Mrs Smith, prompted by the
clerk, put her complaint in the shape OF
a charge that Mrs Brown had branded
the Youthful Smith girl The latter was
then marked Exhibit A" and formally
put in evidence, and both complainant
and defendant told their respective
stories.


The result was that the court, in a very
able and voluminous opinion, decided
that nobody was guilty of anything, but
that, with view of avoiding the penalty
of infringing the Patent law, the mother
must apply to Congress for special act
declaring the child regularly and legally
patented. If Congress finds time to at
tend to this important matter, little Miss
Smith will be the first girl ever patented
in this country, and the legal profession
will watch with unfagging interest the
lawsuits to which in future any infringe
ment of the patent may lead.