Obrazy na stronie

say that, notwithstanding the objections of the ator from Maine represents on this floor, which There is a provision in regard to pilots, but it chairman of the Finance Committee, I will vote in point of form is identical with that which I has nothing to do with compensation. on this occasion or any other occasion to innow offer.

Mr. BERGEN objected, but afterward withcrease Mr. Hunter's salary; and I hope the The PRESIDING OFFICER. The amend- drew his objection. honorable chairman will not object to it on ment will be read.

The bill was ordered to be engrossed and this bill.

The Secretary read the amendment, which read a third time; and being engrossed, it was Mr. FESSENDEN. I will very thoroughly was at the end of section two to insert:

accordingly read the third time. throughout, because it is irregular. There is And that the compensation of William Hunter, Mr. FINCK demanded the yeas and nays on no occasion for putting on here what belongs Esq., chief clerk of the Department of State, be at

the passage of the bill. to the other bill. There is no reason why it

the rate of $3,500, and a sullicient sum is hereby apshould be put in here. He will get his money propriated for this purpose out of any moneys in the

The yeas and nays were not ordered. Treasury not otherwise appropriated.

The bill was then passed. just as soon if we increase his salary on the other bill as on this.

Mr. GRIMES. Everybody agrees that Mr. Mr. WASHBURNE, of Illinois. I move to Mr. SUMNER. The Senate seems not dis

Hunter is a very valuable public servant, and reconsider the vote just taken: and also move has been for a long time, and I suppose that

that the motion to reconsider be laid on the posed to accept the proposition in the form in which I have presented it. I had thought that everybody would be willing to recognize his table. the form which is now on your table would on services in making him proper compensation;

The latter motion was agreed to. the whole be the most acceptable, and I thought | but it seems to me the form of this is exceed

CONTESTED ELECTION. also it was in harmony with what had been ingly objectionable. If we adopt this and

Mr. DAWES presented additional papers in done with reference to the Treasury Departspecify to-day that such a sum shall be paid to

the case of Fuller vs. Dawson; which were ment. I am to a certain extent corrected by

William Hunter, as chief clerk of the Departthe Senator from Maine in that respect, though ment of State, to-morrow some other Senator

referred to the Committee of Elections. the Senate will observe that the statement in will get up and pronounce a eulogy on some

CORRECTION OF THE JOURNAL. the petition which has been read at the desk

other clerk of the Department, and propose to Mr. DARLING. I rise to a question of priviis to the effect that the clerks of the Treasury give him a higher salary.

lege. I am recorded as not voting yesterday

Mr. SUMNER. When that is done we shall Department have had an increase of twenty

on the proposition to strike out the ninth secconsider that case. per cent. on their compensation. That is the

tion of the bill to amend the organic acts of

Mr. GRIMES. But we shall have our apstatement there. I confess I made mo inquiry | propriation bills loaded down; that is exactly negative on striking out that section.

the Territories. I never dodge. I voted in the on that subject. I took the statement as it appeared in that petition, and I thought it the way it will be done. It will be done when

The SPEAKER. The Clerk did not hear advisable that what we did should be applica

ever an appropriation bill comes up, and we the gentleman's response. The Journal will ble to all the clerks in the Department of

shall be placed here in a very delicate situa- be corrected.

tion. State; but Senators around me seem to think

We shall be called upon to pass on the

PERSONAL EXPLANATION. otherwise; I do not wish to have a division

merits of men that we know, that we meet upon it; and therefore I will withdraw that every day in social life, and whether we decide

Mr. SCHENCK. Iam recorded as not voting proposition.

for them or against them will be considered on the proposition to strike out the ninth secThe PRESIDING OFFICER. The amendaccording as we may vote.

tion of the territorial bill. The reaso'i was that ment is withdrawn.

Mr. CONNESS. There is not another case

I happened to be absent. I was called out by Mr. SUMNER. At the same time I thank like this in the public service.

a constituent. Had I been here I would have my friend from California for the earnest sup

Mr. GRIMES. I am not certain of that.

voted against striking out that section. port which he promises in advance to the amendThere are men who have been in the public

Mr. ČOBB. I, too, was absent when that ment which I propose to substitute in its place; employment here for forty years, and who have

vote was taken. I would have voted against and I thank the Senator from Maine for the done labor just as assiduously, probably, as Mr.

striking out the ninth section. I was attending good words which he has said in favor of the Hunter. They and their friends think so, at

to my duties as chairman of the Committee on proposition practically ; and I think I shall any rate. I move that the Senate adjourn.

Enrolled Bills. show in one minute that the objection of form The motion was agreed to; and the Senate

ORDER OF BUSINESS. which he makes does not apply. I will send, || adjourned.

The SPEAKER. The first business in order therefore, to the Chair this proposition, which,

in the morning hour is the calling of the comas it is in my own handwriting, I will read:


mittees for reports, commencing with the ComThat the compensation of William Hunter, Esq.,

WEDNESDAY, May 16, 1866.

mittee on Patents. chief clerk of the Department of State, be at the rate The House met at twelve o'clock m.

DELIA A. JACOBS. of $3,500 a year; and a sufficient sum is hereby ap

of in

The Journal of yesterday was read and Mr. MYERS, from the Committee on Patents, Treasury not otherwise appropriated. approved.

reported a bill for the relief of Delia A. Jacobs; Mr. GRIMES. What is the salary now?


which was read a first and second time. Mr. FESSENDEN. Two thousand dollars. Mr. SPRAGUE. That is right. Mr. McRUER, by unanimous consent, intro

The bill was read in full. It authorizes the Mr. FESSENDEN. duced a bill for the relief of Richard Chenery;

Commissioner of Patents to extend the patent Oh, no; it is too high. Mr. SUMNER.

for an improved method of dressing tree-nails And now for the question

which was read a first and second time, and of form; thiş amendment is to come in after referred to the Committee on Indian Affairs. for seven years to Delia A. Jacobs, late Delia

A. Fitzgerald, the original term having expired section two, which is in these words:


August 28, 1863. That the President be, and he is hereby, authorized Mr. WASHBURNE, of Illinois. Mr.Speaker,

Mr. TAYLOR. I call for the reading of the to appoint, by and with the advice and consent of the Senate, an officer in the Department of State, to

there is a bill which has been ordered to be report. be called Solicitor to the Department of State," at reported by the Committee on Commerce in Mr. MYERS. I will explain this in a few an annual salary of $3,000. regard to the safety of passengers on steam

words. The bill is simply to correct an error Mr. FESSENDEN. That is here now. boats. It contains very many important pro,

that occurred in the Patent Office. An extenMr. SUMNER. I say that is here now; and || visions which the public interests demand sion was refused on the supposition that certain I say, because that is here now I put immedi- should be passed without delay. As I am testimony, showing that the extension was to ately after it the proposition with reference to compelled to be away after to-day, the com- inure to the benefit of the applicant, was not Mr. Hunter. If this proposition with reference mittee have instructed me to ask that the bill submitted. The Commissioner appeared before to the Solicitor is proper in form, on this bill, || shall be considered this morning.

the committee and stated that the evidence -all the Senate will see that the proposition with It contains a provision in reference to nitro- was in his office at the time, but was not brought reference to the chief clerk of the Department | glycerine, a new and dangerous substance.

to his notice. We desire to correct that error of State must be equally in form. There can It also contains a provision in reference to

and allow the extension. be no objection to one, in point of form, which || crude petroleum. A construction has been Mr. TAYLOR. I ask the gentleman from does not hold to the other.

given to the law which prevents the shipment || Pennsylvania when the patent expired. Now, I am in favor of both propositions; and of that article. The committee, after full exam- Mr. MYERS. It expired August 28, 1863. even if either proposition should seem to be a ination, think there should be a modification The application, however, was made in due little out of the way, a little of a deflection from of that ruling as it interferes with commerce in time. T'urther than that, there is a provision that straight line which the Senator from Maine this most valuable product.

in the bill to prevent any injury accruing to likes to run with in all his appropriation bills, It is House bill No. 477, further to provide | others by the delay. yet I think the goodness of the cause which he for the safety of the lives of passengers on board Mr. TAYLOR. I would ask whether other himself has so ably commended must induce of vessels propelled in whole or in part by persons have not engaged in the business. him to forget for a moment the sternness of steam, to regulate the salaries of steamboat Mr. MYERS. It appeared fully that no other duty and to allow his bill to depart for a mo- inspectors, and for other purposes.

persons have been using this patent since its ment from that straight line which he likes so The bill was read.

expiration. There is a general desire that this much to pursue. I think, therefore, the objec- Mr. ANCONA. I ask whether the bill con- administratrix, who was the widow of the pattion of form fails simply because in this very tains a provision regulating the compensation entee, shall have the benefit of the extension. bill we have another proposition which has of pilots on the Ohio river.

Mr. TAYLOR. It seems that it is some time already passed the House of Representatives, Mr. WASHBURNE, of Illinois. Nothing since the patent expired, and other parties may which has passed the committee that the.Sen- whatever regulating the compensation of pilots. I have engaged in the business.

proper time.

that purpose:

Mr. MYERS. No other parties have engaged of a large sum of money. They make a few The Clerk read as follows: in this business, so far as the committee have machines, and the use of those machines is And provided, also, That the Commissioner shall be been able to ascertain. There is, as I have protected by this exception. But what is to satisfied before granting the extension that it will

inure to the benefit of said Delia A. Jacobs. otated, a general desire that the error occurring be done for the large establishments? Why in the Patent Office should be corrected, and simply this: the renewal of the patent gives the

Mr. MYERS. I think that entirely meets that this party should not suffer by it, the patentee an opportunity to go and levy black the objection suggested by the gentleman from requisite testimony having been on file at the mail upon every man making these machines,

New York, (Mr. Taylor.] I now demand or he must shut up shop and sacrifice a large

the previous question. Mr. BOUTWELL. I wish to say that from amount of money.

The previous question was seconded and hearing the bill read I do not understand that Mr. MYERS. If the gentleman will allow

the main question ordered, which was upon any person who may have machines for doing me a word I think I can satisfy him on that the passage of the bill. this work, which were made during the period point. There was evidence before the com- On the question there were-ayes 62, noes 31. of time since the expiration of the patent, is mittee that there was no party whatever who

Mr. WASHBURNE, of Illinois, called for authorized to continue the use of them. had entered into this business.

the yeas and nays. Mr. MYERS. There is a provision incor- Mr. HARDING, of Illinois. How search- The

yeas and

nays were ordered. porated in the bill that no parties shall be held ing and general was your investigation ?

The question was taken ; and it was decided to account for damages by such reason.

Mr. MYERS. Enough to prove a negative

in the affirmative-yeas 88, nays 31, not voting Mr. BOUTWELL. That is in the bill, pregnant, at all events.

C4; as follows: undoubtedly; but there is no provision that peo- Mr. HARDING, of Illinois. I have refer

YEAS-Messrs. Ancona, Anderson, James M. Ash

ley, Baker, Baldwin, Banks, Barker, Benjamin, Berple who have built machines while there was ence in my own mind to an invention in rela

gen, Blow, Boutwell,Boyer, Bromwell, Bundy, Render no patent shall be authorized to continue the tion to plows, which expired some years ago. W. Clarke, Conkling, Darling, Davis, Dawes, Delano, use of the same without being liable. That is The people of the West and of the country

Denison, Dodge, Donnelly, Driggs, Dumont, Esgles

ton, Eliot, Ferry, Finck, Garfield, Goodyear, Grider, a well-recognized principle in such cases, and generally entered into the manufacture of that

Hart, Highy, Hogan, Holmes, Hotchkiss, Asahel W. ought to be incorporated in this bill.

article. There were large shops erected for Hubbard, Demas llubbard, John H. Hubbard, Edvin Mr. MYERS. I have no objection whatever

Then comes up an application

N.Hubbell, Jame: R. Hubbell, Jenckes. Julian, Kas

son, Kelley, Kelso, Kerr, Ketcham, Kuykendall, Lafto accepting an amendment of that kind, but I for a renewal of the patent, and if the inventor lin, George V. Lawrence, Le Blond, Loan, Longyear. think it is already covered.

obtains the renewal he can go and levy black Lynch, Marston, McCullough, McKee, McRuer. MerMr. BOUTWELL. I then move to amend mail upon all who are now engaged in the

cur, Miller, Moorhead, Morris, Myers, Niblack, Nich

olson, O'Neill, Perbam, Samuel J. Randall, Rogby inserting the words “or build or use ma- business.

ers, Scofield, Shanklin, Sitgreaves, Strouse, Taber. chines.''

Mr. WASHBURNE, of Illinois. Does my Thayer, Trimlle, Van Aernam, Burt Van Horn, Ward, Mr. MYERS. I now demand the previous colleague refer to the Dundas patent for a

Warner, William B. Washburn, Welker, Williams, question. cultivator?

Stephen F. Wilson, Winfield, and Woodbridge-88.

NAYS-Messrs. Alley, Allison, Ames, Bidwell, BranThe previous question was seconded and the Mr. HARDING, of Illinois. Yes, sir. degee, Broomall, Cobb, Cook, Cullom, Dawson. Demmain question ordered ; and under the opera- Mr. WASHBURNE, of Illinois. The reis

ing, Eckley, Aaron Harding, Abner C. Harding. Wiltion thereof the amendment was agreed to,

liam Lawrence, Morrill, Paine, Pike, Plants, Price, sue is to go back to 1851, covering all improve- Ritter, Rollins, Ross, Sawyer, Sloan, Spalding, and the bill ordered to be engrossed and read ments since then, and subordinating all agri- Taylor, Elihu B. Washburne, Henry D. Washburn, a third time. cultural interests to a few patent sharps.

James F. Wilson, and Windom-31. Mr. HARDING, of Illinois. I call for the

NOT VOTING-Messrs. Delos R. Ashley. Barter, Mr. HARDING, of Illinois. There is this

Beaman, Bingham, Blaine, Buckland, Chanler, Sidreading of the report.

case then: a man invests money in this man. ney Clarke, Coffroth,Culver, Defrees, Dixon, Eldridge, Mr. MYERS. "There is a report, but it is ufacture, and as soon as he gets a good start

Farnsworth, Farquhar, Glossbrenner, Grinnell, Gris

vold, Halo, Harris, Hayes, Henderson, Hill Hooper, lengthy, and to save time I will state the par- in it the inventor comes here and gets author- Chester D. Hubbard, Hulburd, James Humphrez, ticulars.

ity from the Commissioner of Patents to go James M. Humphrey, Ingersoll, Johnson, Jones, LaMr. HARDING, of Illinois. If the gentle- back and levy black mail, and I am opposed | tham, Marshall. Marvin, McClurg. Me Indoe. Moul

ton. Newell, Noell, Orth, Patterson, Phelps, Pomeroy, man will yield a moment I will state my objec- to it.

Radford, William H. Randall, Raymond, Alexander tions.

Mr. MYERS. The gentleman from Illinois H. Rice, John H. Rice, Rousseau, Schenck, ShelMr. MYERS. I will yield. [Mr. HARDING] could not have heard the state

labarger, Smith, Starr, Stevens, Stilwell, Franeis

Thomas, John L. Thomas, Thornton, Trowbridge, Mr. HARDING, of Illinois. I understand ment I made in regard to this matter. This is

Upson, Robert T. Van Horn, Wentworth, Whaley, that this case presents these facts: a patent was the case where the administratrix, lately the and Wright-64. issued for an invention, which has expired, and widow of the inventor, is applying to have a So the bill was passed. the period allowed for an application for an mistake corrected which occurred in the Pat- Mr. MYERS moved to reconsider the vote extension of the patent has expired some years ent Office. The application was made in time, || just taken ; and also moved that the motion to since.

but was rejected because certain requisite evi- reconsider be laid on the table.
Mr. MYERS. Yes, sir.
dence was supposed not to be there. But the

The latter motion was agreed to.
Mr. HARDING, of Illinois. How long since? Commissioner of Patents reports to the com-
Mr. MYERS. Two or three years.
mittee that he made mistake, that the evi-

WILLIAM MANN AND JACOB SENNETF. Mr. WASHBURNE, of Illinois. I will ask dence was in his office. Even if all the ideas Mr. MYERS, from the Committee on Patents, the gentleman from Pennsylvania [Mr. MYERS] of the gentleman in this case were correct this reported a bill for the relief of William Mann if this is the same bill that was rejected last lady would have the right to a rehearing. and Jacob Senneff; which was read a first and year

But it was further shown that this lady now second time. Mr. MYERS. Precisely the same bill which is almost entirely supported by the little pit- The bill, which was read at length, authorizes was before the House last year, and which tance that has been given her during this in- the Commissioner of Patents to bear and defailed because at that time the question asked terim, as it was given her during the original | termine upon the application of William Mann by the gentleman from Illinois [Mr. WASH- term of the patent, by William H. Webb and for an extension of his letters patent dated July BURNE] could not be answered for want of the James Udall, distinguished citizens of New 11, 1852, which will expire July 11, 1866, and necessary testimony before the committee. We York, who obtained rights under the patent. upon the application of Jacob Senneff for an now have that testimony.

Mr. HARDING, of Illinois. I withdraw my extension of his letters patent dated January Mr. HARDING, of Illinois. I wish to call remarks as far as they apply to the widow, but 13, 1852, which expired January 13, 1866, and the attention of the House to a practice which I stand by the general principle.

to decide upon said applications with like effect I think is a fraud upon the people of this coun- Mr. MYERS. The gentleman may have a as though the said applications had been duly try. After these inventions have been brought weakness for widows; but I have a weakness filed ninety days before the expiration of said before the public, and have probably become for justice, and this is a just application. letters patent; and the Commissioner of Pate of great public utility, and have been enjoyed Mr. TAYLOR. I desire to ask the gentle- ents is directed to publish forth with notice of by the inventor for the period of time provided man one question, and that is this, whether | said applications for the extension of said let. by the patent laws, the period of the patent or not this lady has not sold to other parties ters patent, with like effect as though said pubexpires. After that time, no notice of an ex- the interest which this legislation proposes to lication had been made sixty days before the tension having been given, the citizens of the confer upon her.

expiration of said letters patent. country enter into the business of manufactur- Mr. MYERS. That was the very point upon Mr. WASHBURNE, of Illinois. I hope the ing the machines thus patented.

which the application was rejected in the Pat- report will be read. Mr. MYERS. If the gentleman will allow ent Office; and the Commissioner of Patents Mr. MYERS. There is no report in these me a word, I think he need not pursue that now certifies that there was testimony in his cases. I will state very briefly the reasons for line of argument any further. We have placed office at the time, that the extension would the applications. in the bill a provision for the protection of all inure to her benefit.

In the case of Mr. Mann, he was in Europe, persons such as those to whom he refers.

Mr. TAYLOR. I would like the gentleman and was not aware that ninety days' notice Mr. HARDING, of Illinois. For all persons to answer that question directly, whether or must be given of the application for an extenwho have machines?

not this lady has any direct interest in this sion. Sixty days yet remain before the expiMr. MYERS. Yes, sir. patent.

ration of that patent. In the case of Jacob Mr. HARDING, of Illinois. I go beyond Mr. MYERS. Yes, sir; it is upon proof Senneff, he was in the Army, and therefore that. I call attention to the fact that in many of that fact that the bill has been reported. could not attend to the renewal of his patent. instances where patents have expired estab- Mr. JENCKES. The concluding sentence It is simply to allow the Commissioner to hear lishments have been put up for the manufac- of the bill answers the gentleman's question. as though full notice had been given. One ture of the machines, involving the expenditure Will the Clerk please read that?

lacked thirty days of the time, the party being abroad, while the other was in the service of ing made his speech, I shall in a few moments league inform me when it is claimed to have the United States. call the previous question..

been made? Mr. WASIIBURNE, of Illinois. It is the What I desire to say to the House, and I Mr. BROMWELL. In 1845. fault of the party if he went“swelling" through hope it will be listened to, is this: this bill Mr. HARDING, of Illinois. It is therefore Europe.

authorizes the Commissioner to proceed twenty-one years of age. All this time it has Mr. MYERS. I never talk of the gentleman's || grant a hearing, not a rehearing, of the appli- been dragging its slow length along for a forswelling about when he takes his trips, but I cations in the cases of these two patents just tune in Illinois. It is of full age. Now, sir, think he is harsh in reference to these parties. as though a notice of ninety days had been while I do not wish to be discourteous to my Mr. WASHBURNE, of Illinois.

What are

given. The error in the one case was that the colleague, nor to oppose any interest of his these patents for?

party was in Europe, and there are still sixty constituents, I do suggest to him with great Mr. MYERS. Mr. Mann's patent is for an days of the time remaining. In the other case respect that there are other constituents besides improvement in copying paper, and Mr. Sen- the party was in the service of his country, this inventor who are interested in this quesneft's for an improved heddle.

and we report that he was not aware of the tion. Mr. WASHBURNE, of Illinois. Whạt is a time when the letters patent expired,

Now, it is stated, I believe, in the report heddle?

Now, if this House votes against these two | just read, that this claim or invention has been Mr. MYERS. A heddle is a part of a loom || propositions it will be equivalent to saying | infringed upon by many machine makers in that used in weaving, part of the harness.

that this soldier who has forfeited a few months State. At least I infer that fact, I will state to Mr. WASHBURNE, of Illinois. I object | time shall not have the benefit of even apply. the House that there are very many machines to this practice of reporting bills without re- ing for an extension; and in the other case invented in Illinois for shelling corn, and I be, ports and asking them to be put at once on that a worthy citizen who has been abroad, lieve some few in other States in the West, and their passage. and who mistook the date of his letters patent

the effect of this reissue will be that in all cases Mr. MYERS. I think the objection of the by a month, shall not have a right even to be where these new inventions have infringed upon gentleman from Illinois is captious. It does heard before the Commissioner of Patents. this indorsed and confirmed right there is to be not matter what the patent is for, as we do not This bill only proposes to give that right. It a lawsuit or a settlement made by which a condecide in reference to the extension of these trenches upon no rights of other parties. It siderable amount of money will be extracted patents. That is a question for the decision of simply allows a hearing, and does not decide || from those infringers. The interests of agri. the Commissioner of Patents. We have satis- the question of granting the extensions at all. culture in the West are not so flourishivg and fied ourselves the statement is true that the Mr. DAWES. I would ask the gentleman | so prosperous that this Congress should step in parties did not know their patents were so near if he is quite certain that if we authorize by and take away the rights of the people for the their expiration.

act of Congress a renewal to-day, as of Jan- benefit of an individual. And now a gentleI will say that I was prepared this morning uary, of the other two patents which did expire man has declared upon the subject of renewto report a bill for the relief of William Mann. in January, we shall not trespass upon the rights | ing patents that he stands for justice; that he The case of Senneff was added to the bill, and of other people. I suggest to him whether, as yields nothing to the presentation of the widow very properly, because it had been recom- a safeguard, he had not better puta protective or the hospital cases that have just been passed. mended by the Committee on Patents, but I clause in the bill, unless the patent law is clear Now here comes a suggestion that there is was absent when it was passed upon. Both are on that point.

some old man in this case. These things have good cases and stand upon the same ground, Mr. MYERS. I have no objection to it. It of course no weight with the House; they are and it is right they should be embraced in the

so bappens that I was not present at the meet- not designed to have any; the gentleman stands same bill. I will yield to the chairman of the ing of the Committee on Patents when the sternly upon the ground of justice and demands Committee on-Patents for a moment. Mr. JENCKES. I wish to say a word about

application of Mr. Senneff was before them. of Congress that we shall recognize the rights Mr. JENCKES. There is no objection to it.

of men. That is what I will always do; I the patent of Senneff. It is a case addressed Mr. MYERS. To render assurance doubly never refuse to do it. simply to the discretion of Congress. He was sure we will put that in.

Now, I understand there is a contract beone of the persons who originated the Volun

Mr. JENOKES. In accordance with the

tween the Government and all men who will teere Refreshment Saloons in Philadelphia, to

make useful inventions, by which they shall provide for soldiers passing to and fro through suggestion, I move to amend by inserting the following:

have the use and benefit of their inventions that city during the war, and afterward he en

for a limited period of years; no more, no less. tered the United States hospital service and

But no person shall be held liable for damages for

using or making said heddles after the expiration When that period runs ont, then the invention was detained there during the time his applica- of the original term of said patent and before the belongs to the public; it becomes their proption should have been made. He lost his chance renewal of the same.

erty. Now, who knows but what if this man of obtaining an extension of his patent because Mr. MYERS. I now demand the previous had not been fencing with this subject some of his benevolence and patriotism. All that question.

smarter man in my district would have made we propose is to give him a chance to make The previous question was seconded and the a much better machine? It does not follow his application. His invention is an improve main question ordered ; and under the opera- that because there is money in this thing it ment in heddles, an ingenious arrangement for tion thereof the amendment was agreed to, and should be continued for that purpose. The dividing threads in the loom.

the bill ordered to be engrossed and read a invention, if there is anything in it, belongs to Mr. ÞAWES. The gentleman from Penn || third time.

the public, and not to this individual. sylvania did not say whether the patent had The question recurring on the passage of the A case has just been passed upon, where one expired. bill

man was in a prosperous hospital business, and Mr. JENCKES. It expired in January, Mr. WASHBURNE, of Illinois, demanded | another was abroad as a foreign minister or 1866. the yeas and nays on its passage.

something of that kind. Now here comes a Mr. DAWES. What is the condition of the The yeas and nays were not ordered.

man who has been receiving large rewards for parties who have invested their capital in looms The bill was then passed--ayes 63, noes 31. an invention during twenty one years, and now since January?

Mr. MYERS moved to reconsider the vote he wants to continue the same business. Now Mr. JENCKES. All who have purchased by which the bill was passed; and also moved I am opposed to it upon the general principle since then.are entitled to use them. It will to lay that motion on the table.

that it is giving away the rights of the people refer to those only after the extension, if any The latter motion was agreed to.

to an individual, and to the lawyers and others extension be granted. There is also a limita

who are to prosecute his rights against an tion in the bill.


oppressed people for the purpose of obtaining Mr. DAWES. If a reissue be granted does Mr. BROMWELL, from the Committee on

money without earning it, or being entitled to it not date back? Patents, reported a bill for the relief of Thomas

it by strict law. These are my sentiments. Mr. JENCKES. No, sir. The reissue of D. Burrall; which was read a first and second Mr. BROMWELL. I now call the previous the patent will not give the patentee the autime.

question. thority to recover a dollar from those who have The bill was read in full. It authorizes the

The previous question was seconded and tho purchased since January. The committee were Commissioner of Patents to grant an extension main question ordered, which was upon the satisfied of that before they agreed to report || for seven years to the petitioner for an im

passage of the bill. the bill.

proved corn-sheller,.commencing with the Mr. BROMWELL was entitled to the floor. Mr. WASHBURNE, of Illinois. I under- expiration of the original term, December 6, Mr. DAWES. Will the gentleman yield to stand this is to cover a case outside of the law 1866.

me for a moment? which requires application to be made within

Mr. BROMWELL. The report is not very Mr. BROMWELL. Certainly. ninety days. The application has not been || long, if the House desire to hear it read. I Mr. DAWES. I do not intend to make an made here, and these parties are only in the can state the substance of it.

indiscriminate warfare upon the renewal of same condition with a hundred others. The Mr. HARDING, of Illinois. Let the report || patents; but I desire to make a discriminaparties have neglected to make application. be read.

tion between them, and put each one upon its Mr. JENCKES. They did not neglect to do The report was accordingly read.

merits. I understand this to be a bill to extend so, and that is the reason why we have recom- Mr. HARDING, of Illinois. Will the gen- by act of Congress a patent which has already mended the passage of the bill. These are tleman yield?

existed twenty-one years, not to refer it to the exceptional cases.

Mr. BROMWELL. For a moment.

Commissioner of Patents for examination. Mr. WASHBURNE, of Illinois. That is Mr. HARDING, of Illinois. For a mo- Mr. BROMWELL. The gentleman is mis. not a sufficient excuse.

ment! Mr. Speaker, I have heard for a good taken; the bill provides that this patent shall Mr. MYERS. My friend from Illinois hat. many years of this invention. Will my col- be extended, if the Commissioner of Patenta

39Th Cong. 1st Sess.--No. 165.

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do so.

npon a full hearing shall deem it proper to knowledge and judgment to hear such cases (except in the case of auctioneers, produce brokers, properly, then authorize the appointment of a

cominercial brokers, patent-right dealers, photog. Mr. DAWES. Then in that respect I was chancellor for that office and let him hear such

raphers, builders, insurance agents, insurance brok

ers, and peddlers) the place at which the trade, misiuformed; the bill is better in that regard cases; for these questions resting on equitable business, or profession for which the tax is paid shall than I had supposed. If the bill is passed, the considerations continually arise.

be carried on: Provided. Thut the payment of the

special tax imposed shall not exonerate from tar. case ought to be referred to the Commissioner Now, sir, the committee did not report any

ation the person or persons, (except lawyers, phy. of Patents.

of these bills until they had been satisfied that sicians, surgeons, dentists.cattle brokers, horse realBut I wish to call the attention of the House the cases were such as to call for such inter- ers, peddlers, produce brokers, commercial brokers,

patent-right dealers, photographers, builders, insurto the reasons upon which this bill is based. position. The case at present before the House anco agents, insurance brokers, and auctioneers,) or As I understand, the reason is given that this is that of a man exceedingly old and exceed- firm, company, or corporation in any other placo is an old man who has not yet received any

ingly poor.
His means, whatever they may

than that stated; but nothing herein contained shall

prohibit the storage of goods, wares, or merebandis fair remuneration for his invention. Now, is have been, are completely exhausted. He has a

in other places than'the place of business, nor the there any reason shown why he has not yet son who has attempted to carry on the manufac- salo by manufacturers or producers of their own received a fair remuneration?' Has the com- ture of these corn-shellers for the benefit of the goods, wares, and merchandise, at the place of promittee given any good reasons for it? old man.

duction or manufacture, and at their principal othee This is the only resource left for the

or place of business, provided no goods, wares or A few days since the committee reported a support of that old man, after a life-time merchandise shall be kept for sale at said office. And bill proposing to refer to the Commissioner of expended in efforts to perfect inventions, some

every person exercising or carrying on any trade,

business, or profession, or doing any act for which is Patents to decide whether a patent should be of which have been valuable, but the term of special tax is imposed, shall, on demand of any offrenewed which had been in existence for twenty- which has expired, so that the public has now cer of internal revenue, produce and exhibit the one years. The ground upon which that bill the benefit of them all.

receipt for payment of the tax, and unless he shall

do so may be taken and deemed not to have paid was based was that during nearly all the last This bill expressly protects the rights of such tax. And in case any peddler shall refuse to seven years of the patent, the patentee, from every person who may, since the expiration of cxhibit his or her receipt, as aforesaid, when dethe character of his patent, had been deprived the patent, have been possessed of one of these

manded by any officer of internal revenue, said from receiving any benefit from it. His patent machines. The bill can hurt no one. It is

officer may seize the horse, wagon, and contents, or

pack, bundle, or basket of any person so refusing. was one in relation to the production or prep- not necessary that the “watch-dog of the and the assessor of the district in which the seizure aration of cotton; and during the whole of the Treasury” should fight these bills. They seek

has occurred may, on ten days' notice, published in late war he was shut out from any use of it to take nothing from the Treasury. The ques. || on the peddler,or at his dwelling-house, require sueb

any newspaper in the district, or served personally whatever, and had therefore made nothing from tion simply is whether this Congress is willing peddler to show cause, if any he has, why the horses, it. But the House on a full hearing of that that the officer appointed by the law to hear

wilgon, and contents, pack, bundle, or basket so

seized shall not be forfeited; and in case posufficient case said by positive vote that that was no rea- such matters shall be endowed with jurisdiction cause is shown, the assessor may direct a forfeiture, son why the case should be referred to the Com- to do justice in certain cases in which the law, and issue an order to the collector or to any deputy missioner of Patents, and they refused to give by reason of its generality, operates harshly.

collector of the district for the sale of the property so

forfeited; and one half of the same, after payment of the patentee an opportunity for a rehearing. I am not prepared to say that this case pre- the expenses of the proceedings, shall be paid to the I thought that was wrong; I thought it was sents stronger claims than any other. On the oficer making the seizure, and the other half thereof hard. I asked the House to refer that case to contrary, I think that there have been before to the collector for the use of the United States. And the Commissioner of Patents; but the House

all special taxes iin posed after the 1st day of May in the House cases equally entitled to favorable

any yearshall be paid for and until the lst day of Jay concluded otherwise.

consideration, and I have no doubt that such next succeeding, and shall be the ratable proportion Now, I do not see any better reason, I do cases will come before us again. I know,

of the whole amount of tax imposed for one year, and

estimated from the first day of the month in which not see any good reason for referring this case

indeed, that some such cases will be reported such tax is imposed. to the Commissioner of Patents. If my friend


But I think that in this case there are from Illinois [Mr. BROMWELL) will show me sufficient reasons to induce us to allow the

Mr. DELANO. I move to amend as follows: as good a reason in this case as I thought || Commissioner of Patents to hear the applica

In line eight hundred and fifty-six strike out the

words “one half of,” and in lines cight hundred and existed in the other case I would vote for it; tion and decide it as he deems right in view of fifty-cight and eight hundred and fifty-nine strike for I do not stand up here to oppose all these the rights of the public and the inventor. out the words to the officer making the seizure, and cases indiscriminately. . But I desire to see a The bill was ordered to be engrossed and

the other half thereof." good reason for extending any further a patent | read a third time; and being engrossed, it was Mr. Chairman, as the section now stands which has already existed twenty-one years. accordingly read the third time and passed. the peddler making a forfeiture of his “ traps'

I will listen to the gentleman from Illinois, Mr. BROMWELL moved to reconsider the is liable to be condemned by the action of the and see if he can show any good reason why vote by which the bill was passed ; and also assessor, and one half of the forfeiture is to go this bill should pass.

moved that the motion to reconsider be laid to the assessor. I propose the amendment for Mr. BROMWELL. I wish merely to say a on the table.

the purpose of striking at the whole system of few words in answer to my colleague from The latter inotion was agreed to.

bounties to informers who are themselves the Illinois [Mr. HARDING) and to the gentleman

assessors. I will read the general provision

MAIL SERVICE. from Massachusetts, [Mr. Dawes.]

on page 130, which does not cover this case: In the first place, as to the cotton press men- The SPEAKER, by unanimous consent, laid And provided further, That no collector, deputy coltioned by the gentleman from Massachusetts, before the House a communication from the lector, assessor, assistant assessor, revepue agent, rev. I think it is safe to say that the House never Postmaster General, transmitting, in compli- enuo inspector, or other oflicer or person connected

with the Treasury Department, or any of the branches did hear that question discussed, because there ance with the act of Congress of July 2, 1836, thereof, shall be entitled to or receive or shall be interwas so much noise in the House while the gen- abstracts of offers received, contracts made, ested in any share allowed to an informer under the tleman who reported the bill was trying to show and allowances made to contractors for addi- internal revenue law. the reason for the extension of that patent. I tional services, &c.; which was laid on the I respectfully suggest to my distinguished admit that there was more reason for the exten- table.

friend, the chairman, that does not include this sion in that case than in this.

The SPEAKER. By the law of 1864, this case; and to make the bill homogeneous the But with all due deference to my colleague's document is not to be printed except by special | amendment should be adopted. views touching the right of the public in these order of the House.

Mr. MORRILL. I had intended to make inventions, allow me to say that in all these


the amendment myself. cases some principle of equity must be, and

The amendment was agreed to. doubtless will be, recognized by this Congress.

Mr. MORRILL moved that the rules be sus. Many of these inventors devote the best years pended, and that the House resolve itself into

The Clerk read the next paragraph, as folthe Committee of the Whole on the state of

lows: of their lives to a struggle to perfect their inventions; and it is these inventions and improve. the Union on the special order.

That section soventy-five be amended by striking ments that have transformed this country from

The motion was agreed to.

out all after the enacting clause and inserting, in lieu

thereof, the following: that upon the death of any a wilderness into what it is. Many of the men

So the rules were suspended; and the House person having paid the special tax for any trade, buswho have brought forward the most valuable

accordingly resolved itself into the Committee iness, or profession, it may and shall be lawful for of these inventions have led lives of poverty of the Whole on the state of the Union, (Mr.

the executors or administrators, or the wife or child,

or the assignee or assigns of such deccased person to and vexation and have died poor.

Dawes in the chair,) and resumed the consid. occupy the house or premises, and in like manner to The period of fourteen years has been named

eration of the special order, being a bill of the exercise or carry on, for the residue of the term for in the law as being, in general, and all things House (No. 513) to amend an act entitled

which the tax shall havo been paid, the same trade,

business, or profession, in or upon the same house or considered, a proper time during which the

“An act to provide internal revenue to sup- premises as the deceased before exercised or carried invenťor shall enjoy the exclusive benefits of his port the Government, to pay interest on the

on, without payment of any additional tax. And in invention. But is this period never to be varied public debt, and for other purposes," approved

case of the removal of any person or persons from

the house or premises for which any trade, business, by any considerations of equity? What do these

June 30, 1864, and acts amendatory thereof. or profession was taxed, it shall be lawful for the perbills which have been brought forward propose?

The pending section was as follows:

son or persons so removing to any other place to carry

on the trade, business, or profession specified in the They propose that the officer whom the law has That section seventy-four be amended by striking tax receipt at the place to which such person or per

out all after the enacting clause, and inserting, in appointed to consider questions of this nature,

sons may remove without payment of any additional lieu thereof, the following: that the receipt for the tax: Provided, That all cases of death, change, or a competent man with legal knowledge, shall, payment of any special tax shall contain and set removal, as aforesaid, shall be registered with the by means of a bill of this kind, have jurisdic

forth the purpose, trade, business, or profession for assistant assessor, together with the name or names

which such tax is paid, and the name and place of tion to hear and deterınine the question between

of the person or persons making such change or reabode of the person or persons paying the same; it moval, or successor to any person deceased, under the inventor and the public at large upon prin-. || by a rectifier, the quantity of spirits intended to be regulations to be prescribed by the Commissioner of ciples of cominon equity. Shall this be denied? rectified; if by a peddler, whether for traveling on Internal Revenue. If the Commissioner is not a man of sufficient

foot, or with one or two or more horses or mules, the
time for which and the date or time of payment, and

Mr. MORRILL. I move, in line eight hun. dred and seventy, to strike out the words "assignee or assigns," and insert “ legal representatives."

The amendment was agreed to.

Mr. DARLING. I move to go back to offer the following amendment:

Insert in lino seren hundred and seventy-five, after the word "provided." the following:

The several rates hereinafter stated for business tax shall be assessed annually and in all cases whercin an additional amount is dependent upon the amount of his or their sales, such sales shall be registered monthly, and the additional tax shall be assessed and collected as in the case of tax upon manufactures.

Mr. MORRILL. I object.

The Clerk read the next paragraph, as follows:

That section seventy-six be amended by striking out all after the enacting clauso and inserting, in lieu thercof, the following: that in every case where, more than one of the pursuits, employments, or occupations, hereinafter described, shall be pursued or carried on in the same place by the same person at the same time, except as hereinafter provided, the • tax must be paid for each according to the rates severally prescribed: Provided, That in cities and towns having a less population than six thousand persons according to the last preceding census, one special tax may embrace the business of land-warrant brokers, claim agents, and real-estate agents, upon payment of the highest rate of tax applicable to either one of said pursuits,

Mr. MORRILL. I move to strike out the word "may,” in line eight hundred and ninetyeight, and insert " shall be held to;' so that it will read :

One special tax shall be held to embrace the business of land-warrant brokers, &c.

The amendment was agreed to.

The Clerk read the next paragraph, as follows:

That section seventy-seven be amended by striking out all after the enacting clause and inserting, in lieu thereof, the following: that no auctioneer shall, by virtue of having paid the special tax as an auctioneer, sell any goods or other property at private sale, or employ any other person to act as auctioneer in his beholt, except in his own store or warehouse orin his presence; and any auctioneer who shall sell goods or commodities otherwise than by auction, without having paid the special tax imposed upon such business, shall besubject and liable to the penalty imposed upon personsdealing in or retailing,trading, or selling goods or commodities without payment of the special tax for exercising or carrying on such trade or business ; and where goods or commodities are the property of any person or persons taxed to deal in or retail, or trade in or sell the same, it shall and may be lawful for any person exercising or carrying on the tradc or business of an auctioneer to sell such goods or commodities for and on behalf of such person or persons in said house or premises.

Mr. MORRILL. I move to strike out the word "or,'' in line nine hundred and six, and insert the words nor shall he;'' so that it will read :

That no auctioneer shall, by virtue of having paid the special tax as an auctioneer, sell any goods or other property at private sale, nor shall he employ any other person to act as auctioneer in his behalf, &c.

The amendment was agreed to.

The Clerk read the next two paragraphs, as follows:

That section seventy-eight be amended by striking out all after the enacting clause and inserting, in lieu thereof, the following: that any number of persons, except lawyers, conveyancers, claim agents, patent agents, physicians, surgeons, dentists, cattle brokers, horse dealers, and peddlers, doing business in copartnership at any one place, shall be required to pay but one special tax for such copartnership.

That section seventy-nine he amended by striking out all after the enacting clause and inserting, in lieu thereof, the following: that there shall be paid, annually, on the 1st of May, or on commencing any trade, business, or profession, a special tax, as heroinafter stated, respectively, that is to say.

Mr. MORRILL. I move to strike out all after the word “following in the last paragraph, and insert in lieu thereof these words:

That a special tax shall be, and hereby is, imposed as follows, that is to say.

The amendment was agreed to.

The Clerk read the next two paragraphs, as follows:

1. Banks chartered or organized under a general law with a capital not exceeding $50,000, and bankers using or employing a capital not exceeding the sum of $50,000, shall pay $100; when exceeding $50,000, for every additional thousand dollars in excess of $50.000, two dollars. Every incorporated or other bank, and every person, firm, or company having a place of business where credits aro opened by the

deposit or collection of money or currency, subjcct to Gentlemen who are acquainted with the business
be paid or remitted upon draft, check, or order, or will understand that the profits of one are about
where money is advanced or loaned on stocks, bonds,
bullion, bills of exchange, or promissory notes, or

equal to the profits of the other, and the whole- .
where stocks, bonds, bullion, bills of exchange, or sale dealer can well afford to pay two dollars
promissory notes are received for discount or forsale, on $1,000 of sales during a year.
shall be regarded as a bank or as a banker under this
act: Provided, That any sarings bank having no cap-

Mr. MORRILL. As the present bill is one ital stock, and whose business is confined to receiving mainly reducing the tax, I hope we shall not deposits and loaning or investing the same for the benefit of its depositors, and which does no other

adopt the amendment proposed. For one I business of banking, shall not be subject to this tax.

am disposed to allow the people of the United 2. Wholesale dealers, whose annual sales do not ex- States to have all the goods they may have ceed $50,000, shall pay fifty dollars; and if exceeding occasion to consume at the lowest possible rate, $50,000, for every additional thousand dollars in excess of $50,000, one dollar. Every person shall be regarded

and a tax imposed in this form would necessaas a wholesale dealer under this act whose business rily enhance the price. itis, for himself or on commission, to sell or offer to The CHAIRMAN. Debate is exhaused on sell any goods, wares, or merchandise of foreign or domestic production, not including wincs, spirits, or

the amendment. malt liquors, whose annual sales exceed $25,000. And Mr. PRICE. I move pro formâ to make the special tax to be paid by any wholesale dealer it $1 50. I want to show the fallacy of the shall not be estimated on a less amount than his sales for the previous year, unless he has made or proposes

argument of the gentleman. He proposes to to make some cbange in his business that will, in the give the people cheap goods. Will he tell me judgment of the assessor or assistant assessor, reduce how much more a man will have to pay for a the amount of his annual sales; nor shall the payment of the special tax as a wholesale dealer exempt yard of muslin which is usually retailed at any such person acting as a commercial broker from twenty-five cents when the wholesale dealer the payment of the special tax imposed upon com- has to pay an additional dollar tax on a thoumercial brokers: Provided, That any tax understated may and sball be again assessed; and no person pay

sand dollars' worth of goods? It would be ing the special tax as a wholesale dealer in liquors going a little further with infinitesimal arithshall be required to pay an additional special tax. on metic to get at that result than I am able to account of the sale of other goods, wares, or merchandise on the same premises : And provided further, I cipher. That in estimating the amount of sales for the pur

Mr. MORRILL. As a matter of experiposes of this section, any sales made by or through

ence, we know that our city horse railroad another wholesale dealer on commission shall not be again estimated and included as sold by the party for

companies put on a whole cent extra to cover whom the sale was made.

a tax of one eighth of a cent. And when we Mr. MORRILL. I move to strike out the put on a tax of six cents on a ton of coal, there word "exceeding,” in line nine hundred and

was not a single instance where the price did fifty-five, and insert the words "their annual not immediately rise at least twenty-five cents. sales exceed;" also, to insert before the word

And so it has been in a great many other in"one,” in the next line, the words they shall

stances. This tax takes the place of a license. pay;" so that it will read:

Some large wholesale dealers now pay seventy And iftheir annual sales txceed $50,000 they shall

or eighty thousand dollars a year in the form pay one dollar.

of a license or special tax. I think it is The amendment was agreed to.


Mr. PRICE. I withdraw the amendment to Mr. MORRILL. I move to insert after

the amendment. line nine hundred and fifty-six the following:

Mr. EGGLESTON. I move pro formâ to And the amount of all sales within the year beyond

make it $2 75. I wish my friend from Iowa $50,000 shall be returned monthly to the assistant assessor, and the tax on sales in excess of $50,000

[Mr. PRICE] would withdraw his amendment. shall be assessed by the assessors and paid monthly Šo far as the business classes of the community as other monthly taxes are assessed and paid.

are concerned they are not only taxed once and The amendment was agreed to.

twice but in many cases five and six times. Mr. MORRILL. It is now necessary to And now the gentleman proposes where a man strike out after the word "and" in line nine sells more than $50,000 that he shall pay a hundred and sixty-two, down to and including tax of two dollars on every thousand dollars, the word “shall in line nine hundred and or double the rate proposed in the bill. It sixty-seven, and to insert the word "shall” in applies to all commission merchants, all brokline nine hundred and sixty-eight; so that the ers, all classes of men who sell property clause will read :

which has been consigned to them. "Take a And the payment of the special tax as a wholesale firm that sells at one half per cent. commission. dealer shall exempt any such person, &c.

In the first place you make them pay a license The amendment was agreed to.

and then you tax them on the sales. You will Mr. MORRILL. I move further to strike

tax the business out of existence. Is say

that out after the word "that,” in line nine hun

one dollar is high enough. I withdraw my dred and seventy-one, down to and including

amendment to the amendment. the word "and," in line nine hundred and The question recurring on the amendment of seventy-two; so that it will read:

Mr. Price, it was disagreed to.

The Clerk read the next paragraph, as folThat no person paying the special tax as a wholesale dealer in liquors shall be required to pay an

lows: additional special tax, &c.

3. Retail dealers shall pay ten dollars. Every porThe amendment was agreed to.

son whose business or occupation it is to sell or offer

for sale any goods, wares, or merchandise of foreign Mr. HUBBARD, of Iowa. I move to strike or domestic production, not including spirits, wines, out line nine hundred and thirty-four to nine

ale, beer, or other malt liquors, and whose annual

sales exceed $1,000 and do not exceed $25,000, shall be hundred and forty inclusive, and to insert in

regarded as a retail dealer under this act. lieu thereof:

Mr. BALDWIN. I move to amend by adding All banks chartered or organized under a general the following: law shall pay $100.

Provided, however, That when the annual sales of Mr. MORRILL. I raise the point of order a retail dealer exceed $25,001, for every additional that we have passed that paragraph..

thousand dollars in excess of $25,000 he shall pay ono

The CHAIRMAN. The Chair sustains the
point of order.

As the law now stands, and as it has hereto-
Mr. PRICE. I move to strike out 16

fore been executed, a retail dealer who sells dollar”) in lime nine hundred and fifty-six and

$25,001 is charged as a wholesale dealer and insert two dollars;' so that it shall read:

required to pay a license of fifty dollars. That

seems to me unreasonable and unjust. It seems Wholesale dealers, whose annual sales do not exceed $50,000, shall pay fifty dollars; and if their an

to me more just and reasonable that retail deal. nual sales exceed $50,000, for every additional thou

ers should be graded in this way, so as to paya sand dollars in excess of $50,000, they shall pay two dollar for every additional thousand dollars, dollars.

rather than to be required to pay fifty dollars The object of the amendment is this : in the for a wholesale license because their sales section immediately preceding we make banks barely exceed $25,000. and bankers pay two dollars for every additional Mr. MORRILL. I hope the amendment thousand dollars over $50,000. This section pro- will not prevail. It is necessary to make some poses to make wholesale dealers pay one dollar || line of demarkation between a retail dealer on a thousand on their sales above $50,000. Il and a wholesale dealer. At whatever point


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