Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1850-04-24
From the Pennsylvania inquirer.
Parker Wheel Again Sustained

Parker Wheel Again Sustained.
/ Important Legal Decision-Case of
/ Parker's Patent Reaction IVatcr-uheel.
In the Circuit Court of the United
States, for the Eastern District Of Penn
/ svvania, in Equity, between Oliver II. p.
Parker. assignee of Zebulon Parker.
complainant. and Joseph Eran:. and di-
vers other persogs, defendants. March
/ 18th. 1850. the following remarks were
made by his Honor. Mr.. Justice Grier:
~ take this occasion to say. that the
Court has no doubt. of the validity of the
complainant patent. That question has
been fully settled here. by a trial at law, Of
extraordinary duration, and closeness of
research. The report Of the case ofPar-
ker vs.. Hume. by my brother Kane. who
presided at the trial, and information de-
rived from the affiIavits and printed works
which have been read on both sides. du-
ring the present hearing. as we'll as the ac-
quaintance with the subject which de-
rived while engaged in the trial of anoth-
cr case growing out of this patent. leaves
no doubt on my mind, that the complain
ants patent is not only valid. but of the
greatest importance to the country.
may add, on the part of both of US.
that we approached the question without
any previous leaning in favor of the
rights asserted by Mr.. Parker as an in
ventor. and that it was only upon more
than usually close scrutiny of the facts.
that we came TO the conclusion which we
now express.
Indeed, it is a subject Of regret that the
public has been so tardy in acknowledg.
ing the merits of the Messrs Parkers' as
inventors. Their improvement, as de-
scrbed in the patent before us, is not less
ingenious and profound than useful. In
France. NJ. Fourneyron received the
highest honors, and most liberal re wards.
for Introducing into use this very i'm
provement, after it had been invented in
this country by the Messrs Parker's And
it was not until the circulation of Four
neyron's paper. or Turbines in this coun-
trv, that the public attention was fairly
called to the valuable improvement of the
Messrs Parker.
The Court has no doubt The wheels which
they use are direct and positive violations
of the complainant right, as appear by
the allidavits on behalf Of the defendants,
and the models which they themselves
have submitted to the Court. In point of
fact. the complainant has established his
right to the in JUNCTION which .he prays.-
But do not wish to establish the prece-
dent in this Court. that party who re-
lies upon the verdict Of Jury and the
Judgment Of Court Of law, for the es-
tablishmcnt Of his title, as the foundation
of his claim to be quieted in the possess
ion and enjoyment Of it, and for protect
ing him against infringements by others.
shall omit, as the complainant has here
omitted to aver in his bill, that such pro-
ceedings at law have taken place. With
out such averment, tine ground Of the
Courts action may he misunderstood. and
the defendant may not be properly appri-
sed, beforehand, of the case which he has
to meet. In these cases. we are the m ore
ready to lay hold Of the omission, as we
feel reluctance to stop two hundred mills
from grinding a oushel Of grain or saw
ing board, without giving the defen-
dants a chance of making settlement or
compromise. On the other hand, it is by
no means our intention to compel this
complainant, to re-litigate his patent al
ready established at law, against COM
binaton Of two hundred wealthy mill
owners. in this district, who are. as these
defendants allege, using machines, OF
which the model above described, is the
representation. BY an amendment Of
this bill, the complainant may overcome
his present technical difficulty.
No ground has been shown for the inn
putation, that an attempt has been made
by this complainant. ito levy black mail, -
as it is called. Indeed. his course to-
wards these defendants. as we'll as other
persons. appears to have been one Of
great liberality and forbearance; and
advise these defendants to settle with him.
If they do not. damages may be found
against them, to the extent of their profits
from the use OF this patented improve
ment; at all events, amounting TO the
whole profits Of their mills. since the time
Of filing these bills. This might be no
more than equitable.
On default of settlement by defendants,
the Court will order the injunctions to is
sue, on the first Monday of April next;
the complainant. in tho meantime. so
( amending his bill. as to allege the e..ab-
lishments here at law, of his title to an
exclusive right in this improvement, and
fling the affidavit of the surviving paten.
tee, which has been read 10 US in the
course Of this hearing.
/ In all this. I am authorized to saw, that
my brother Kane fully concurs with me-
4 NeE York ElOUemcmt.