62 



under date of October 26, staling that Professor Swenson bad been al- 

 lowed letters patent on the process, under date of October 11, 18S7. In 

 that patent the following claims were allowed to Professor Swenson : 



(1) As an improvement in the diffusion process of making sugar, the mode herein 

 described of preventing the invertive action of the organic acids in the cane chips 

 upon the sugar during the process of extraction, said mode consisting in adding to 

 the diffusion bath a carbonate of the alkaline earths, substantially as set forth. 



(2) As an improvement in the diffusion process of making sugar, the mode herein 

 described of preventing the invertive action of the organic acids in the cane chips 

 upon the sugar during the process of extraction, said mode consisting in adding to 

 the diffusion bath calcium carbonate, substantially as set forth. 



The application for this patent was filed on December 29, 1886, after 

 Professor Sweuson's employment by the Government had ceased, but 

 the nature of the claims is so closely allied to the experiment made 

 with carbonate of lime, heretofore alluded to, that it seems to leave no 

 doubt that Professor Swensou intended to cover in his patent the sug- 

 gestion which he made in the line of his duty, which was adopted during 

 his employment, and which amounted only to an improvement in a 

 process which had been conceived, planned, and was then being perfected 

 by the Government of the United States. 



I deem it proper to add that I have had an exhaustive search made 

 of judicial decisions and legal opinions bearing upon the validity of a 

 patent granted under these circumstances, and that I have become con- 

 vinced that the state of the art, and the fact of Mr. Swenson's appoint- 

 ment and employment by this Department, will affect the validity of his 

 claim, and that I have therefore called the attention of the Attorney- 

 General to all the facts in the case and suggested to him the institution 

 of a suit looking to a perpetual injunction to restrain Professor Swenson 

 from making any use of this patent. 



As bearing upon this case, I beg respectfully to inclose, as an appen- 

 dix to this communication,, certain citations and memoranda for the in- 

 formation of the Senate, and in this connection I beg also to recommend 

 such immediate action on the part of the legislative branch of the Gov- 

 ernment as will enable the Attorney-General, if he has not now sufficient 

 authority, to institute a suit looking to the cancellation of the patent in 

 question. 



Very respectfully, your obedient servant, 



NORMAN J. COLMAN, 

 Commissioner of Agriculture. 



Hon. JOHN J. INGALLS, 



President pro tempore United States Senate. 



