This is an appeal from a judgment of the court of claims, dismissing the petition of claimant (now appellant), whereby he sought to recover the sum of twenty millions of dollars for certain inventions and letters patent pertaining to pneumatic transportation, alleged to have been sold and transferred by him to the United States in the year 1893, by agreement, express or implied, made between the claimant and the Postmaster-General. 41 Ct. Cl. 110.
The following is a sufficient outline of the findings of facts in that court:
Prior to July 26, 1892, the claimant, James W. Beach, had been granted certain letters patent for inventions or improvements relating to pneumatic transportation; to wit, letters patent No. 267,318, dated November 14, 1882, and letters patent No. 444,038, dated January 6, 1891, the object being to provide a continuous current of air, moving at high velocity through a tube or other conduit, and thereby to transport the mails and all suitable commodities through such tube or conduit. Ten prior patents had been issued to other parties by the United States Patent Office for original and new and useful improvements in penumatic conveyors or devices for the transmission of letters, messages, and small packages through small pipes, the first of which patents was issued as early as the year 1864 Pursuant to the authority of § 6 of the postoffice appropriation act of July 13, 1892 (27 Stat. at L. 145, chap. 165), Hon. John Wanamaker, then Postmaster-General, caused the following advertisement to be published in several newspapers:
Mail Service by Pneumatic Tubes or Other Systems.
Postoffice Department,
Washington, D. C., July 26, 1892.
Authority is given the Postmaster-General by the provisions of the act making appropriations for the service of the Postoffice Department, approved July 13, 1892, 'to examine into the subject of a more rapid despatch of mail matter between large cities and postoffice stations and transportation terminals located in large cities, by means of pnuematic tubes or other systems,' with the view of ascertaining the cost and advantages of the same.
Acting upon this authority, I hereby give notice to all persons who are the inventors, assignees, or otherwise owners of any pneumatic tube or other device for and adapted to said service to present in writing, under seal, on or before Thursday, the 8th day of September, 1892, addressed to the 'Postmaster-General, Washington, D. C.,' and marked 'Rapid Despatch of Mails,' a full description of such tube or device, together with a statement of the evidence of title to or ownership of the same, which evidence may subsequently at any time be required by the Postmaster-General. Said description must state the kind and quality of motive power used in operating the same; the method of its application; the capacity of the tube or device, and offer to submit a test; the precise place and terminals where it is proposed to conduct the test; the date at which the tube or device will be in condition to be tested, and the time that will necessarily be occupied in making the test; and, generally, anything else whereby the Postmaster-General can judge of the relative value of the several tubes or devices that may be submitted, and the adaptability of each to said service.
It is preferred that the tests aforesaid be conducted in the city of New York, Brooklyn, Philadelphia, Chicago, or Washington, District of Columbia, and between adjacent cities, or between a postoffice and substation or transportation terminal.
It is also requested that each of said descriptions be accompanied by a proposal offering to license to, or otherwise invest in, the United States, the right to use the tube or device, to lease by the year, or to sell, assign, and transfer it to the United States as a purchaser.
The tests aforesaid must be made without cost to the United States, and upon the express condition that the person offering said tube or device waives all claim against the United States for any expense attending the construction, tests, or preparation for said tests, or any other expense attending the same. The Postmaster-General has no authority in law to contract for the expenditure of money for the use of or purchase of any such invention, nor is there any existing appropriation out of which the cost of the same could be paid.
The right is reserved to decline any test of any tube or device submitted in response to this advertisement, and to reject any proposal that may be made.
The propositions and result of all experiments will be the subject of a report to Congress.
John Wanamaker,
Postmaster-General.