xtension, upon the
ground of insufficiency of compensation. The Commissioner rejected the
application for an extension, without assigning any reason, and the
patents expired by limitation on the 3d of April, 1869, and the
invention became public property.
On the 9th of April, 1869, a bill authorizing the Commissioner of
Patents to reconsider the application of Rollin White for extension of
his patents was introduced in the Senate and passed without debate. It
passed the House without debate on the 10th of April, but failed to
receive the signature of the Vice-President before Congress adjourned.
It is understood that it has now been signed by that officer, and only
awaits the approval of the President to become a law.
Unless the ends of justice require the extension of this patent, it
should not be renewed. So far as I have been able to ascertain, justice
to the Government and to the public forbids this patent from being
renewed.
The validity of the patent has been questioned for many years, and it is
understood that it was only affirmed by the Supreme Court by a tie vote,
four of the justices voting affirmatively and an equal number
negatively.
Its renewal is urged by Rollin White upon the ground that he has not
been sufficiently compensated for his invention. Rollin White has
received nearly $71,000 as royalty. Smith & Wesson, for the years 1862,
1863, 1864, 1865, 1866, 1867, and 1868, returned incomes amounting in
the aggregate to about $1,000,000. This was derived chiefly from the
manufacture of firearms under Rollin White's patent, that firm holding
the exclusive right to manufacture under it and being engaged almost
exclusively in their manufacture.
It is believed that the Government suffered inconvenience and
embarrassment enough during the war in consequence of the inability of
manufacturers to use this patent, and that its further extension will
operate prejudicially to its interest by compelling it to pay to parties
already well paid a large royalty for altering its revolvers to use
metallic cartridges.
For these reasons I respectfully request that you will call the
attention of the President of the United States to this subject before
he acts upon the bill which is now before him.
Respectfully, your obedient servant,
A.B. DYER,
_Brevet Major-General, Chief of Ordnance_.
EXECUTIVE MANSION, _July 14, 1870_.
_To the Senate of the United States:_
I herewith return without my appro
|