Solomons v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. During the years 1867 and 1868 Spencer M. Clark was in the employ of the ¡government as Chief of the Bureau of Engraving and Printing.
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APPEAL FROM THE COURT OF CLAIMS. During the years 1867 and 1868 Spencer M. Clark was in the employ of the ¡government as Chief of the Bureau of Engraving and Printing. That bureau was not one created by any special act of Congress, but was established by order of the Secretary of the Treasury, under the general powers conferred by the second section of the act of July 11, 1862, 12 Stat. 532, now § 3577 Rev. Stat., which provides as follows : “ That the Secretary of the Treasury. be, and is hereby, authorized, in case he shall think it inexpedient to procure said notes, or any part thereof, to…
1Opinion of the CourtJustice Bewer
The case presented by the foregoing facts is one not free from difficulties. The government has used .the invention of Mr. Clark and has profited by such use. It was an invention of value. The claimant and appellant is the owner of such patent, and has never consented to its use by the gbvernment. From these facts, standing alone, an obligation on the part of the government to pay naturally arises. The government has no more_ po_wer to appropriate a man’s property invested in a patent than it has to take his property invested in real esíaté ; nor does the mere fact that an inventor is at the…
2Cases cited1 opinion
- McCLURG v. KINGSLANDSupreme Court of the United States · 1843
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