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.
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