New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-10
LETTER OF MR.. c. A. SEWARD.

LITTER OF MR.. {. A. SEWARD.
HORACE II. DAY, esq.-My Dear SIR: Your letter
Of the Sd inst was duly received but circumstances
beyond my control have prevented earlier answer.
You ask me to give a statement in answer to the
cards inclosed in your letter ard do with pleasure
finding in the obligation of duty to yourself sufficient
occasion for departing the rule long since adopted
for myself rot to engage in newspaper controversies
II ia but lust to you that candid and accurate state
ment Of Your title and the litigation concerning it, so
far as these cards relate to either should be made
that hereafter when you come to enforce the rights
now udcially determined to be yours it may not be al
legged against YOU that you permitted erroneous state
meDts TO pass unanswered.
The statements made in so much of the card as is
signed civilian JudsoD, will answer in detail.
The first allegation is: " That the editor Of THE
"TRIBUSE was deceived" but the manner of the
deception or in what it consisted is Dot stated lit
be intended to intimate that in editoray atributing
TO Judge Giless decision the effect of confirming in
you an exclusive right to manufacture, import and
sell. elsstie vucanized Iniiarubber goods, the ed-
tor Of The TRIBUNE YVES deceived, it may be a con-
ISOLATION for that onnipresent person to know that his
deception is participated in by you, by your counsel
by Judge Giles, and by nineteen-twentieths OF the
reading pubic to whom TIE TRIBUNE, Times,
Herald, and host of other papers, have made the
decision household word" The dividing line be-
tween such universally of deception aad public opn-
ion is shadowy and indstirct.
The assumption, on the part of the author OF the
cards. of exclusive possession of sufficient sagacty
TO discover the true effect Of Judge Giess decslon
recalls the anecdOe Of the escaped lunatlc, who as
suned the exclusive possession Of the only sound mind
in the world, gravely alleging that all the rest OF
mankind were insane He, poor fellow, did not per-
oeive the joke. Perhaps Mr.. Judson will not, but
the public, however perceive it in beth instances,
aud may, perhaps, be willing to adopt Mr. Judson
adiectives, "groundless ridiculous, and crazy, as
happily chsracterizing the assumption IN both cases.
The second allegation is, " that Mr.. Day Is the
. lcensee of MIR. Goodyear for the manufacture OF
shirred or corrugated Inda.rubber goods; the
" Nashawaunuck Co. and l licensees for woven
elastic rubber goods. Day title accrued in 1916
ours accrued to those who granted to US, 10 lS
From 1915 till the present time, the owners OF our
" title have been making and selling large qaantl-
ties of goods under it, and Day never pretended TIL
"lS57 or SO that the two rights conficted, or that
" our title was subordinate to his
1t is true that you the exclusive censee OF Mr.
Goodyear for the manufacture of shirred orcorrugated
rubber goods and that your license was grated
in 1916 Ii is also true that by conirmatory grant
made to you by Goodyear in May, 1888 you acquired
the exclusive RICH. to make a variety of lnda-rubber
goods which are not either SHRED or corrugated, and
that by virtue of these two grants Mr. Goodyear sue
ceeded in conveying you as he states IN bis licenses
and accounts, a monopoly Of the right to make and
verd SHRED or corrugated goods of every kind and
description however ade, whether woven, cemeneo,
sewed or otherwise II is also true that you never
"g1etcnded till 1857 or IS nor, indeed till any other
period that the title alleged by the author of the card
TO be in the person who signs 1t, was subordinate 10
your own. am not aware that by pretense or other
wise you ever dignifed the claim which has lately
been resusci a.ed and set up by Mr. Judson by dess-
ratirg il as ga title' of any kind. Nor am ! aware
that either the author of the card the person who signs
il, or the Nashawannuck Company are the licensees
of Goodyear for woven elastic rubber goods. have
never yet license plort 10 lSiC, which conveyed
to that company either Of those persons ahy such
right nor does Mr.. Goodyear in his verified account
of Icenses granted and of tariffs received, mention
any such license.
II is also true that in 1857 and 1853 you caused
suits to Be brought sgainst various parties who were
selling woven elastic goods without license from YOU
Ii is not true that no objections were made to the
granting Of iiurctiors in those suits. Those suits
were brought in the name of the Congress Rubber
Company, when it was the possessor of portion OF
the title row owned by You, against various parties
residing in Rhode Island, Massachusetts, PenrSylva
ria, Ohio and New York and functions were grant
ed after opposition made by the defendants ami argu-
mcnts by their counsel.
immediately after the title revested in you, you
commenced various suits against different parties,
some Of which smicsbly adjusted by the defend
ants, and Others of which are now pending
In three suits brought in New.loik, motions were
made for preliminary pjunctions. Those motions
were argued on both sides, and, after ady'emen',
we've denied. By the request OF two OF the counsel,
whose do not appear in the cards you incose,
time was given to prepare and file answers IN those
three causes. While that time running, aud
before It's expiration motions for preliminary ipunc-
tons were brought before his Honor, MI Justice
Crier in Philadelphia who did not refuse to revis
81 the decision in New-York, but who did decline to
entertain the motions saying that il was che practice
Of Lis Court contested motions for irjunctiopS, TO
DENY the ipiuucions snd TO remit both parties to
final hearing. Such final hearing will be bal in the
philadelphia causes, SIS soon a. they eau Dc pre-
,s.ed While the tine for tue defendants ia
,he New.York csuses 10 file their answers was
sin mining. YOU did, a. Nj Judsou states, renew
"the attempt in Baltimore to procure ifjunctionS.
OF this renewal those who have signed the cards had
Notice ard rot only they, bu the counsel FOR Mr. Jud
son. who have 10. signed either Of the stsieTsuts'