Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-04-18
THE GREAT INDIA RUBBER LlTlGAlloN
From Hunts Merchants Magazine for Mafc"'l
FEW CmAPTERs fRON IrA HISTORY.

From Hunts Merchants Magazine Tor M"''"'I
Anew CHAPTERS FROM Irs HISTORY.
The mnzes of the law have been called intern'ht
ble--inexrrcable Its dull delay IL ranked ny o, h
speare among the heaviest ills OF lille. we enc
sketch few Of the outlines OF the greatest III" gu
ever prosecuted--tlLe one which cost the li"s' NV
ney-been tried in the greatest number "l pn:ei I hn
before the greatest number OF trbunalS-"m w. Nv
enlisted the most imposing talent, ana taAeu III ~
sOurcos of the most formidable combination. H"'
all, the one which best shows how much may u
achieved by true, brave, trlstlng, generous '"a
when, single handed, he goes out to meet "'' WV
mics. r I,J;
Some twelve years ago the applications oil Iiul
rubber TO the wants and comforts of men pcc"'n. =
numerous and valuable, that The cupIdlty VI :p,'
lists WAS found arrayed agains: the genus VI i.'
tors For the thousandth time the world So" ~
painful but exciting struggle o. the strong agast ~
weak-Iniyht against right. The number VI sun. :"
Inv and i'm equity, growing OFT OF these ih'','s
and discoveries have exrerdcione hundred anu HI!
and the expenses of the litigatons have c2ceeieo ~
hundred thousand dollnrs c,,
In 1914 certain patents were granted 10 ohn''c
| Gnodyear md to Horace II. Dny. Corrugated Q
shrred rubber goods had then been prnhtably manu-
featured some two years. Goodyear patent LOT h'
nrocess Of manufacture and iorhis machine; were 81
far SUPERSEDED by one of Days patents Tor curing
the rubber threads and by anotcr tor srrlnS eoous
that Goudyears processes wefen'nnupn %s., ~ ms
Gus establishments, however, once began ~ Us
Gonlvears and Days patent' In VioIal'oh "' 'h'
rights of their inventors aud owners.
| Mr. Dav commenced various 'uIts against the VIC
lntors of his rights Mr.. Suyian' VINO clailneu Il
have purchased Goodyear's patnt, prosecuted Day
and soon the suits reached iive-.ndtwenty. AnionE
those who infringed Mr.. Days patented rights, "er,
n former partner and also workman OF Day-Dotl
having learned the process III ils establish'nent.-
Common violaors of his rights combined against nm
md instead of one lie was cOniroIted BY twenty com
hatapts. In the Circuit Court d the United States
District of New York two trials eft jures which did
not agree. At the same time, th)se VINO were using
DAYS patents, bought licenses tom Gn"dyenr whc
fairfield Item by his influence i'll their behalf while
he pressed his rival by series # suits against him
| uJay) Ia secure himself.
TIi. alliance of all the men Fay had prosecuted
ended in concentrating upon lib head combined
force which threatened HE overthrow. New suits
were brought bv them against Diys agents and Gus
| toners in Massachusetts, Pennsylvania New Jersey,
| MARYLAND, and New York, while tie prosecutors We're
! using Days patents, without which shirrel goods-Rt
that period TIE most important -,icc of ull-could
| not be prottably made.
But Mr. Day had learned fact of great moment,
which, of course, he used to his advantage. He was
| informed by a letter from NathaGe Hayward, that
hr had himself invented the process Of manufacturing
heated metallic rubber, although had been issued
in GoDdyears name. Day went q the spot and took
the testimony from the workmcn Hayward among
the number. With this testinonyhe met the motions
Tor injunction 10 the United Stats Courts, in New
York and elsewhere: But Goodyear refused TO 90 TO
trial. and thus the various suits met aud disposed
of in the same way. But defaultti es he was, Good
year ut started new issues.
Meantime Hayward opened fcory at Lisbon,
Connecticut, for putting into practfe his inrcn-
ton for metallic rubber although goodyear had got
the patent out in his own name. IL made shoes, aud
stamped them "Iayward's Spring Tempered Rub
her" while Goodyear had applied DC name ''mealiic
rubber" Ia the same manufacture. By this time,
shirred suspend.rs alone had rcacid million dol
lars a wear -Four or five large iscd were employ
ed all using the ''netnllic rubber ciamed by Hay
ward aud contested by Guodyef. and all using
machinery aud process invented bN)ay and his lore
men.
Defeated at every point by Hayward and Day,
Goodyear made II new and srongl continuation
Those who had hitherto used lbodyeRrs patent
without license, had been prnsecutctby Day for using
his inventions, and they united " Ia Goodyear, nc-
knowledgng him the righttu autor. Even Hay.
ward was, by collision, brought INTO the arrange
ment by receiving from Goodyear, among other
things, free license 10 manu'rture 5OO pairs OF
shoes per day. and be protected any of his viola
| trade was great, for he labrins man highly
esteemed by the workmeu who tere privy to the
origin OF the discovery he llnyarA claimed He the
more readily yielded, under the gslranec that Their
combination would invest them VIII monopoly too
powerlul to be resisted by Day, i all other invcn-
tOrs .
BIT Days rights were pressed with vig"r ana
when the expenses and at.!nes al! he great conflict
became nearly intoerabIr Day andliondye signed
nm aurecnelt lin 1851 by which tie former was IL
discontinue, Oh certain conditions, re manufacture
of all but shirred goods; while Gn"Year, who con
trolled the iga alton the other sid> WAS To put i
end to all Infringement of Days paints. ms Tor
the time being, put All end I" oil the Jay ana "'od
year suits.
| Hitherto 10 process was known to he parties for
yulcanizimg rubber successfully in heated .tmoa-
phere, without oxide, lead and sulphur, making a
triple compound, described and patented by Good,
wear in 1874, but claimed to have ben discovered
nv HAYWARD Two or three wears before But III Eng
land Il process has been discovered If vulcanlzliig
| rubber by steaIn--mixed with su phr alone. This
discovery ended all idea of making toodycars pro-
ces. of manufacture Il monopoly i'll tbs country. All
usrties therefore, wished to settle tirr difficulties
and turn over q newer and iairrr leaf, and each r
himself Most OF the capitalists conneced WIN Io"d
wear began to be dishrartcncd and tie bankruptcy
| of several of them made them all ANXIOUS 10 aban,
don Goodyear expensive process for Drller' ni'd
to put an end To all litigation. Al Ills point whch
DAYS position had grown strong since liz Inventions
| had not been supsrscdcd-hG signed tie AGREEMENT
with Goodyear which left him sole wer and mas
ter of the department Of shrred rubbe, The prohtS
Oh which were over quarter OF lnion doI!ars All
nually. This right Was also recognizable due iorui
by other violators Of his patents, who agaSed to IN
| fringe his right no more.
AT the same time Goodyear engaged to protect
DAVIS rights while he entered into agreement to Al
low all!who intrenched Day by The use his Good
y.ar'sj patents claims for manufacturing boots ami
shoes These manufacturers AFTERWARDS became
| known as the "Shoe Associates" THY were Ia
make no more shirred goods, after they lad worked
M the stock then OH hand in their fnctTles mus
ended all litigation with many libel Guts GROWING
out of it, each party paying his own costs aud mere
ends the frat chapter in the History OF lfi!a hupor
Litigation. ., .;.,
ForuwhiIe this great art went with n0rterrupton
But the ''Shoe Associates" violated tier cohtrnrt
They purchased largely new stock, aic, working
| tuntnrips nivht and day. they NDDlp0 tnG
market with over halt a million dniiar worth %
shrred goods, so imper(ecty made that the rnoDei
decompusrd; and the effect was so lati' that tht
sulcs in this class Of fabrics dwlnd,d down
sJO 200 wear. Day was now likely Il be ruined
more completely than he could have be1 by lt'Sa
ton. He discovered, too, that while his agreeneh
with OOdyear-whicl had ended litl!atnn-wh
living in rsrro Goodyear had entered int, private
arrangement with his legal counsel Juds"h oy w.cl
he transferred tn him the whole, or lars Phrt q
the shirred suSpender interest, \ few dae oi ti'h
were thus gained, for before the ngreeaent wa
delivered, and while it was in esc,0, JudsoI hnh 20
his transfer from Goodyear recorded III tie Paten
Office, although Dny had received from Goodyear NJ
equitable, and he supposed, legal tit, to tn
business so far ne Goodyear could grant 1t
Thus, finding this legal title wresied iron him b.
fraud and his business ruined by the bad iait' 0
the parties in lSIS he repudated his Contracts wit
Goodyear and began the manufacture q all Kinds o
fabrics. This opens the second chapter il the Hlstor
| of the Indiau-rubbcr Litigation.
The English discoveries were now full known AM
other important departments besides lirred good
were opened Fuller had sent from Enghnd al sSen
10 this country for disposal of hs patent for makn
rubber r-sprines Day bought the right for th
United States aud began The manufacture. Al tn
same time other parties, who had in England see
this invention, had been intrusted with he duty 4
showing il to our rail road companies fu sale, pro
cured from Goodyear, the right To hiscompoun
, in the manufacture of the ''car springs"
Day now became involved in another seies Of law
quits, to protect patent which he had Gought, al
which incontestibly belonged to him by lgal trans
fer. Thus, in 1913, the whole litigation was reuewe
with more virucncc than ever, with interests II
volved, and tresh corps oi litGants.
, Suits were now insIgaled in different Safes, an
Q with all the old combination, aid the aid # The cal
spring and packing manufacture to strengthen then
D Goodyear a gain opened the crusade agains Day.
This aspect OF. the struggle continued two or thre
}, years, with endless abyrinths of litigation, whc