A Ki:VlEW. 



who appears quite ready and willing to invade the rights of others, and 

 to assail private character, without cause and without provocation, by 

 which to gain a fee. We only notice this attack on private character 

 at all, on the general principle that the oft repeated slander may as- 

 sume the garb of truth with some, if unnoticed and unexposed. 



In quoting from the pamphlet, it is done, italics and all, just as 

 printed. On page 1st it is stated: 



" If the patent in question had not expired, and were before the Commissioner 

 of Patents on application for extension, the questions would be simply whether Mr. 

 Hussey had made a valuable invention, and whether he had failed from causes 

 beyond his control to obtain a reasonable remuneration therefor. If so, he would, 

 prfma facie, be entitled to an extension, and it would be granted to him if consistent 

 with the public interests. [See 18 Sec. Stat, of 1836, and 1 Sec. Stat, of 1848.]— But 

 the patent having expired, and the public having thereby acquired the absolute right 

 to the invention, and having entered upon and extensively exercised that right 

 throughout the country for nearly seven years, and numerous individuals having in 

 good faith invested millions of dollars in the manufacture of improved machines 

 embodying some of the general features covered by this patent— other questions of 

 vast import to the public arise, and should be carefully considered." 



Now the merits of the whole question of extension elaborately 

 argued in some I2 pages, might be comprised within the compass of a 

 nutshell; the authority and grounds for granting it are found in the 

 Act of July 4th, 1836, viz: has the applicant a valid claim as inventor, 

 — is the invention of value to the community, — and has he been ade- 

 quately rewarded thereby. But in order to avoid all cause for a 

 charge of unfairness, and at the risk of too much extending our review, 

 we will quote at greater length than is deemed necessary. It will also 

 show more clearly the spirit and motives of these "parties in the State 

 of New York" and their " counsel." 



In page 3 it is stated, that " he had allowed his patent to expire,— had given no 

 public notice of an intention to extend it, and who has left the public in the posses- 

 sion and ownership of the invention, without suggesting or hinting that he intended 

 to make such an attempt for nearly six years! and until millions of dollars are in- 

 vested in the manufacture and sale of machines, improved by the valuable inven- 

 tions of others, but which embrace some of the elements covered by the patent 

 songht to be extended; [1!1 the whole manufacture and sale of which would be made 

 subject to such tariff as the patentee under the extension might choose to impose, or 

 be arrested entirely by an injunction, or subjected to ruinous suits and damages at Law. 

 And be it remembered, these vast establishments sprang up, and these vast sums of 

 money were invested, when the invention of Hussey had long been fully and com- 

 pletely vested in the public, and all was done \x\ good faith, without the slightest hint 

 or suspicion that evefi an attimpt to renew \/as contemplated, or a belief in the 

 possibility of a renewal, or any reason to believe it any more than all steam navi- 

 gation should be laid under contribution, at the will of the heirs, by the renewal of 

 the patent of Robert Fulton!" 



The learned "counsel " may well make a note of exclamation here; 

 a dozen would not be misplaced. We would like to ask him a single 

 question, — does he expect the public to believe all this? and docs he 

 believe it himself? But hear him further, page four. 



"It should be constantly borne in mind, that in 1847, prior to the expiration of 

 Hussev's patent, he might have applied under the then existing law, to the Hoard of 

 Extensions, and obtained an extension, if he had chosen to do so, and could have 

 shown himself to be entitled thereto. But he made no such application, as the 

 records of the Patent Office show." 



