cases argued decided october first two cases brought certificates division opinion judges circuit southern district new york last brought certificate division opinion judges circuit southern district ohio steffens indicted fourth fifth sections act congress entitled act punish counterfeiting sale dealing counterfeit goods approved stat first count indictment charges knowingly wilfully possession counterfeits colorable imitations mumm rheims france manufacturers sellers champagne wine second count charges knowingly wilfully selling counterfeited representations colorable imitations said mumm wittemann indicted fifth section act indictment consists six counts charge counterfeiting forging possession colorable imitations buying selling offering sale dealing colorable imitations private mark belonging used firm kunkleman rheims france manufacturers dealers wine known heidsick brand champagne wine johnson mcnamara reeder prosecuted act criminal information containing seven counts first fourth sixth founded upon consisting letters registered patent office charles april use upon packages whiskey respectively charge defendants counterfeiting affixing colorable imitation dealing selling packages whiskey attached colorable imitation said second third fifth seventh counts founded upon another consisting seal ribbon latter secured seal package containing whiskey registered charles may respectively charge defendants counterfeiting making colorable imitation affixing colorable imitation dealing packages whiskey attached colorable imitation said sects act follows person persons shall intent defraud person persons knowingly wilfully cast engrave manufacture possession buy sell offer sale deal die dies plate plates brand brands engraving engravings wood stone metal substance moulds false representation likeness copy colorable imitation die plate brand engraving mould private label brand stamp wrapper engraving paper substance registered pursuant statutes shall upon conviction thereof punished prescribed first section act person persons shall intent defraud person persons knowingly wilfully make forge counterfeit possession buy sell offer sale deal representation likeness similitude copy colorable imitation private label brand stamp wrapper engraving mould registered pursuant statutes shall upon conviction thereof punished prescribed first section act sect rev follows person firm domiciled corporation created authority state territory thereof person firm corporation resident located foreign country treaty convention affords similar privileges citizens entitled exclusive use lawful intend adopt use exclusive use within may obtain protection lawful complying following requirements causing recorded patent office statement specifying names parties residences places business desire protection class merchandise particular description goods comprised class intended appropriated description thereof showing mode intended applied used length time use making payment fee dollars manner purpose fee required patents complying regulations may pre scribed commissioner patents indictment general demurrer judges circuit opposed opinion upon following question act congress approved entitled act punish counterfeiting goods sale dealing counterfeit goods indictment found upheld wholly part law necessary proper carrying execution powers vested congress constitution information johnson mcnamara reeder general demurrer thereupon question arose decision whether said act congress within constitutional power congress whether unconstitutional null void opinions judges circuit opposed validity act july provides registration gives remedies civil actions infringing recognized justice clifford delivered opinion mclean fleming first sentence opinion follows lawful may obtained individuals firms corporations entitled comply requirements prescribed act congress provision duly registered required shall remain force thirty years date registration subject exception necessary noticed stat rev sects clearly intimated protection rightfully provided act invalid protection mode obtained protection civil remedies within power congress also statutes punishing crime pirating upon property case several others cited margin page revised statutes constitutionality act discussed others smith reynolds blatch smith reynolds id osgood rockwood id moorman hodge saw assumed rather directly affirmed sixth circuit judge swing pronounced law constitutional seventh circuit contrary decision made case question argued decided upon clause section article constitution opinion advanced provision authority congress subject conferred argument drawn likeness property use bears partents copyrights fact congress legislating upon three matters original act revised statutes classed together demands careful consideration undoubtedly legislative mind kindred subjects thought power congress might derived source shall however dwell upon view question maintain constitutionality statute upon indictments information found upon ground regulates commerce within power given congress clause section article constitution provides congress shall power regulate commerce foreign nations among several indian tribes term largest import comprehends intercourse purposes trade forms including transportation purchase sale exchange commodities citizens country citizens subjects countries citizens different power regulate embraces instruments commerce may conducted far instruments concerned subjects local operation held may provide regulations congress acts reference subject power applies national character nature admit uniformity regulation power exclusive state authority welton state missouri full clear statement meant extent power congress purchase sale commodities included term power congress embraces instruments aids appliances prosecuted true trade intercourse must foreign among citizens different indian tribes instrumentalities employed aids trade commerce local operation nature admit uniformity regulation power congress applies exclusive important instrumentalities aids appliances trade especially modern times conducted means manufacturers merchants identify manufactures merchandise symbols men engaged trade manufactures become known marts commerce reputation goods extended published become better known profits business enhanced hence use become universal trade business extent necessary auxiliaries among commercial nations growing tendency universal recognition emblems commerce browne sect use aids exchange commodities great markets world generally recognized considered vitally important protection commerce made subject treaties france german empire belgium austria russia powers english merchandise marks act affords protection foreigners subjects great britain browne subject one local common interest commercial nations operation benefits derived use confined particular localities countries admit order efficiency require uniformity regulation congress endeavored effect uniformity first providing registration remedies violation owners rights action case damages bill equity enjoin offending party sects rev stat civil remedies proved inadequate effectually prevent pirating upon materially differ previously existed congress following examples prussia france england browne pp passed act stat offences therein defined charged indictments information specification unnecessary demurrers general ground entire act unconstitutional constitutionality application subjects foreign countries question presented indictments purpose natural reasonable effect acts protect producer importer foreign goods right selling thus carry good faith enforce treaty stipulations subject act regulation foreign commerce convention france april stat forbids reproduction either two countries marks affixed merchandise gives injured party action damages citizen subject country act counterfeiting committed provides second article owners residing either two countries order secure rights must deposit duplicate copies marks patent office washington clerk office tribunal commerce seine paris mutual covenant concerning whatever protection laws either country give citizens subjects extended citizens subjects intent treaty law france june provides civil action also criminal proceeding prescribes severe penalties counterfeit way fraudulently deal false representations declares foreigners shall equally enjoy benefits products countries diplomatic conventions established reciprocity french marks browne congress order afford effective remedy evil extend protection french importers france gives producers merchants markets enacted forger dealer forged shall answer bar criminal justice courts end lawful within power congress means appropriate said passing statutes july congress exceeded power application cover cases arising wholly within several make acts committed within directed operations general regulate foreign commerce affect domestic concerns several fraudulent dealing plainly interferes thwarts power duty protect foreign trade moreover impossible limit effect within confines state extends places market goods simulated false device answer objection subject statutes general interest commerce upon congress power legislate operation coextensive trade objection law regulating touches internal concerns state wheeling bridge case observed say exercise admitted power congress conferred constitution withheld appears shown effect operation law may incidentally extend beyond limitation power upon interpretation principal object framers instrument conferring power sacrificed subordinate consequences resulting exercise power congress tax imports exclusive yet constitutional provision seriously limits power internal affairs held brown maryland wheat way manner tax sale imported goods incorporated mixed mass property country justice strong delivering opinion state tax railway gross receipts wall construes ruling brown maryland applying persons importers sell foreign goods unbroken bale package see also welton state missouri plain authoritative exposition constitution power state internal commerce right tax property within jurisdiction interfered limited exercise power legislate concerning police morals health community endeavored regulate sale particular articles spirituous liquors laws invalid far affect sale imported goods importer original package mixed general mass salable commodities license cases commonwealth kimball pick mass license cases decided state might regulate sale liquors original packages imported another state absence legislation congress upon subject congress exercised power regulate commerce state laws far conflict action congress must yield power internal concerns materially diminished also regard regulation pilotage within power congress cooley board wardens general law regulating pilotage upon navigable waters materially affects internal commerce many yet parties indicted convicted violation provisions farnham blatch warren mclean taylor id regulation trade indian tribes action law especially constitution adopted chiefly within state asserted power congress comprehends navigation within limits every state union far navigation may manner connected commerce foreign nations among several indian tribes gibbins ogden wheat connection refer holliday wall gallons whiskey congress power legislate upon subject general interest commerce submitted legislation congress purpose give uniform protection throughout country constitutional however may affect internal affairs insisted defendants act terms also applied goods intended foreign commerce reply excluding operation provisions regard objectionable valid enactment susceptible enforced proper cases may remain law constitutional certain limitations exceeds may still operative within legitimate sphere void excess george hoadly contra justice miller delivered opinion three cases whose titles stand head opinion criminal prosecutions violations known legislation congress first two indictments southern district new york last information southern district ohio judges circuit courts pending certified difference opinion substantially question namely acts congress subject founded rightful authority constitution entire legislation congress regard recent origin first seen sects inclusive act july entitled act revise consolidate amend statutes relating patents copyrights stat part act relating embodied chap tit sects revised statutes sufficient present say provide registration patent office device nature mark person usage established exclusive right person registering intends appropriate act exclusive use make wrongful use registered person without owner permission cause action civil suit damages six years later act stat punishing fine imprisonment fraudulent use sale counterfeiting registered pursuance statutes informations indictments founded cases us right adopt use symbol device distinguish goods property made sold person whose mark exclusion use persons long recognized common law chancery courts england country statutes property right violation damages may recovered action law continued violation enjoined equity compensation past infringement exclusive right created act congress depend upon enforcement whole system property civil remedies protection existed long anterior act remained full force since passage propositions well understood require neither citation authorities elaborate argument prove property right exclusive use rest laws like great body rights person property depend security protection power congress legislate subject establish conditions rights shall enjoyed exercised period duration legal remedies enforcement power exist must found constitution source powers congress lawfully exercise argument cases seems conceded advocates validity acts congress subject point two clauses constitution one assert sufficient warrant may found legislation first eighth clause sect first article section manifestly intended enumeration powers expressly granted congress closing declaration rule ascertainment powers necessary way implication carry efficient operation expressly given authorizes congress clause referred promote progress science useful arts securing limited times authors inventors exclusive right respective writings discoveries first attempt congress regulate right found act july referred entitled act revise consolidate amend statutes relating patents copyrights terms long since become technical referring one inventions writings authors reasonable inference part statute also opinion congress exercise power found clause constitution may also safely assumed critical examination subject courts became necessary mainly wholly clause advocates law looked support attempt however identify essential characteristics inventions discoveries arts sciences writings authors show effort surrounded insurmountable difficulties ordinary necessary relation invention discovery recognized common law generally growth considerable period use rather sudden invention often result accident rather design act congress sought establish registration neither originality invention discovery science art way essential right conferred act endeavor classify head writings authors objections equally strong regard inventions originality required word writings may liberally construed include original designs engravings prints original founded creative powers mind writings protected fruits intellectual labor embodied form books prints engravings like may generally adoption something already existence distinctive symbol party using common law exclusive right grows use mere adoption act congress exclusive right attaches upon registration neither case depend upon novelty invention discovery work brain requires fancy imagination genius laborious thought simply founded priority appropriation look vain statute qualification condition symbol however plain simple old first appropriated claimant distinctive may registration secure right exclusive use legislation may judicious aid common law subject may within competency legislatures whose general powers embrace class subjects unable see power constitutional provision concerning authors inventors writings discoveries clause constitution supposed confer requisite authority congress third section read connection granting clause follows congress shall power regulate commerce foreign nations among several indian tribes argument use alone gives identify particular class quality goods manufacture produce property person puts general market sale sale article distinguished commerce therefore useful valuable aid instrument commerce regulation virtue clause belongs congress act question lawful exercise power every species property subject commerce used even essential commerce brought clause within control congress barrels casks bottles boxes alone certain articles commerce kept safety contents transferred seller buyer thereby become subjects congressional legislation property nathan louisiana paul virginia wall held policy insurance made corporation one state property situated another article commerce come within purview clause considering says shipped forwarded one state another put sale hand almy state california held stamp duty imposed legislature california bills lading gold silver transported place state another state forbidden constitution instruments necessity transaction commerce duty tax upon exports question therefore whether bears relation commerce general terms bring within congressional control used applied classes commerce fall within control one present case propose leave undecided adopt course called course administration law consider whether act congress department government within constitutional authority department due respect branch government requires shall decide transcended powers plain avoid duty cases manifestly dictate wisdom judicial propriety decide necessary case hand uniform course regard statutes passed congress readily appear one consider vast amount argument presented us assailing unconstitutional count may fingers instances declared act congress void want constitutional power governed view duty proceed remark glance commerce clause constitution discloses often subject comment power regulation conferred congress limited commerce foreign nations commerce among commerce indian tribes bearing mind liberal construction commerce foreign nations means commerce citizens citizens subjects foreign nations commerce among means commerce individual citizens different still remains large amount commerce perhaps largest trade traffic citizens state beyond control congress therefore congress undertakes enact law valid regulation commerce reasonable expect find face law essential nature regulation commerce foreign nations among several indian tribes limited excess power congress main purpose establish regulation applicable trade commerce points especially apparent designed govern commerce wholly citizens state obviously exercise power confided congress find recognition principle chapter marks revised statutes naturally look description class persons entitled register mark reference goods applied instance statute described persons engaged commerce different related use commerce evident congress believed acting clause constitution authorizes regulate commerce among registered congress protected use goods sold citizen one state another citizen foreign state citizen seen congress least intending exercise power regulation conferred clause constitution idea found suggested statute language person firm domiciled corporation created state territory thereof person residing foreign country treaty convention affords similar privileges citizens may registration obtain protection requirement person shall engaged kind commerce congress authorized regulate general declaration anybody anybody country permits us like may registering fully protected person registering required furnish statement class merchandise particular description goods comprised class intended appropriated hint goods transported one state another foreign countries sect intended impose restriction upon commissioner patents matter registration limitation suggested regard persons property engaged different classes commerce mentioned constitution remedies provided act right owner registered infringed confined case used foreign commerce therefore manifest distinction found act broad purpose establish universal system mark registration benefit already used mark wished adopt one future without regard character trade applied residence owner solitary exception resided foreign countries extended privileges us excluded suggested congress power regulate marks used commerce foreign nations among several statutes shall held valid class cases two objections first indictments cases show wrongfully used used kind commerce secondly may true one part statute valid constitutional another part unconstitutional void may enforce valid part distinctly separable stand alone within judicial province give words used congress narrower meaning manifestly intended bear order crimes may punished described language brings within constitutional power body precise point decided reese case congress passed statute punishing election officers refuse person lawfully entitled right cast vote election opinion regarded section statute consideration congress punish denial account race color previous condition servitude urged however general description offence included limited one section valid fact cause denial said chief justice able reject part unconstitutional retain remainder possible separate constitutional proposed effect attained striking disregarding words section inserting sections must stand whole fall altogether language plain room construction unless effect constitution question determined whether introduce words limitation penal statute make specific expressed general limit statute manner asked make new law enforce old one part duty case us undertake make judicial construction law congress make quite probable matter body unwilling namely make law partial operation complicate rights parties hold instances act congress others state law cooley const lim commonwealth hitchings gray mass said wish understood leaving untouched whole question power duty congress pass laws necessary carry treaties effect references opinion legislation congress mainly view act civil remedy act provides criminal offences described act express terms solely referable frauds counterfeits unlawful use registered provisions former act act unconstitutional registration confers lawful right criminal enactment intended protect right falls questions cases inquiry whether statutes upheld whole part valid constitutional must answered negative certified proper circuit courts