Chapter 17. For the relief of David McD
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CHAP. 17.— An Act For the relief of David McD. Shearer. December 17, 1930.[[H. R. 1825](/us/bill/71/hr/1825).][[Private, No. 285](/us/pvtl/71/285).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the claim of David McD. Shearer. Claim of, for Federal use of invention, referred to Court of Claims. David McD. Shearer for compensation for the use by the Government of the United States of certain inventions relating to reinforced-concrete revetment and construction and laying of same, made by said David McD.
Shearer, and for which letters patent of the United States, numbered 1173879, 1173880, and 1229152 were issued to him, be, and the same is hereby, referred to the Court of Claims, which Jurisdiction conferred. Questions to be determined. U. S. C., p. 867. court is hereby vested with jurisdiction in the premises, and whose duty it shall be to hear and determine any statute limiting the time within which such an action may be brought to the contrary notwithstanding, first, whether the said David McD.
Shearer was the first, original, and sole inventor of the inventions described in said letters patent or any of them; and if said court shall find that he was such first, original, and sole inventor of any of the same, then to Compensation due. determine, second, what amount of compensation, if any, he is justly entitled to receive from the United States for the use of his said inventions or any of them, since the date of said letters patent, up to the time of adjudication. In determining whether or not said David Whether invention developed during Government hours.
McD. Shearer is entitled to compensation and the amount of compensation, if any, for the use of said inventions the court shall take into consideration, if and so far as the facts may warrant, the facts, if proved, that while said David McD. Shearer was engaged in perfecting the invention he was in the service of the United States as a junior engineer superintendent in charge of willow bank revetment construction under the Mississippi River Commission, and whether and, if at all, to what extent said inventions or any of them were discovered or developed during the working hours of his Government service, and to what extent his said inventions for Methods, cost, etc., to be studied.protection of river channels and banks differ from the methods previously used, in material, method of laying, permanency, and value, and, whether if at all to what extent the expense of making experiments, trials, and tests for the purpose of perfecting said 1971inventions was paid by the United States, and if any such expense was incurred by the United States, whether and, if at all, to what extent the United States received compensation for such expense.
Either party may appeal to the Supreme Court of the United Right of appeal.States upon any such question where appeals now lie in other cases, arising during the progress of the hearing of said claim, and from any judgment in said case, at any time within ninety days after the rendition thereof; and any judgment rendered in favor of the Payment of judgment.claimant shall be paid in the same manner as other judgments of said Court of Claims. Approved, December 17, 1930.