Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.United States. Congress. House. Committee on Patents
History
Arguments before the Committee on Patents of the House of Representatives, conjointly with the Senate Committee on Patents, on H.R. 19853, to amend and consolidate the acts respecting copyright: June 6, 7, 8, and 9, 1906.
United States. Congress. House. Committee on Patents
Copyright -- United States
When that statement was filed before the judge, a printed copy was
served upon the attorney for the Æolian Company, Mr. Charles E.
Hughes, one of the ablest men in the United States, who has
distinguished himself in the recent insurance investigation in New
York. Anything that he does not think of is not likely to be worth
thinking of, and when he put in, as he did, an elaborate brief in
reply to my petition, he did not controvert one solitary word of the
statement of evidence set forth in the petition about the inherent
character of the Æolian scheme, which he would have done if he could
have done so.
The CHAIRMAN. What was his reply--raising questions of law?
Mr. WALKER. I do not think his reply amounted to a row of pins.
The CHAIRMAN. Is that a matter of printed record?
Mr. WALKER. His reply? I have a copy of his brief in my office in New
York.
The CHAIRMAN. Will you send that to the committee?
Mr. WALKER. I will; yes.
Senator CLAPP. And your petition?
Mr. WALKER. Yes.
Mr. SULZER. He raised the question of jurisdiction in his reply, did
he not?
Mr. WALKER. No; not at all.
Mr. SULZER. What was his reply, if you remember?
Mr. WALKER. I would rather not tell, because I do not think it is
particularly creditable to Mr. Hughes.
Mr. SULZER. You just complimented him very highly.
Mr. WALKER. And I do not desire to deduct anything from that
compliment.
Mr. BONYNGE. You are going to file a copy of it, are you not?
Mr. WALKER. Yes; but my time is limited, and if I gave the honorable
gentleman from New York an account of that it would take me ten
minutes to do so.
The CHAIRMAN. You will have an opportunity to inspect his reply and
that petition when we have the records here.
Mr. WALKER. Now, let me tell you the rest of the story. His reply did
not contain a word controverting my statements of fact in the
petition. He did not take any issue with the statements of fact in the
petition at all--not the slightest. But so far as his reply contained
any matter at all, it was first of all an attempt to show that my
client was not entitled to be admitted as a defendant anyway, and
that, if I was entitled to be heard, he took the ground that my
argument was not very conclusive. He did not reflect upon the petition
at all; his reply applied entirely to my argument.
Judge Hazel afterwards overruled the petition, and the same day that
he overruled the petition he decided the case in favor of the
defendant, and followed my brief in his decision. So that the
intellectual origin of Judge Hazel's decision can be traced back to
the brief that I filed in pursuance of the petition which he
overruled.
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