Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-11-17
Important 40 Cheese Factories.
TIE RANGE AND SETTER PATENT.

A person calling himself J. G.. Scott,
and claiming to hail from Watertown, n.
Y, is at the present time visiting those
cheese fictories of Vermont which use the
range and setter for turning cheese, de-
handing royalty on patent issued to
his father in 1865, and threatening in
slant prosecution in case the demand is
not paid. Rather than incur the expense
Of the threatened suit many of the facto-
ries are paying him sums varying from
$40 to $500, proportional to the number
of cows which supply the factory.
Thousands of dollars have been collect
ed ia this manner from this State alone,
and we learn that other agents are active
" pressing these collections in all parts of
the United States where cheese factories
are using that special range.
Under these circumstances it becomes
matter Of great Importance to the factories
TO ascertain whether the patent is valid
one, or whether they are being most ex-
touBively swindled by an invalid claim.
Mr.. Cyrus +. Sheldon, of Rupert, Vt,
one of the directors of the Rupert Dairy
Association, doubling the validity of
Scotts patent wrote to several gentlemen
in central New York for information in
regard to him and his claim. The follow
ing answers from Mr.. Weeks, Secretary
of the American Dairyman's Association,
and IT. d. Curtis, managing Editor of the
Utica HeT0ld, were among those received
and which we publish with their consent:
LITTER FROM GARDNER L. WEEKS.
SYRACUSE, N. Y, Nov. eth, 1870.
MY DEAR SrR,-I am in receipt of your favors
respecting SCOTS Patent Range and Setter for
use in cheese factories. Since 1856 have been
ConVersant with the history OF the ne and pro-
rress ~ this matter and have never been con.
y1nCed that Mr.. Scott's patent was valid And
yet year at er year dalrynen have been subjected
TO heavy exaCtiug, and never before nave Scott
and his agents been active and so successful
as in 1870 1t is probable that thou-ands of dol
lars have been taken from this county OF Onnn-
"a alone, within the present year by these
men. ,
4 til a test case has been tried in the United
States curt and "a decision reached, It Is lmpos-
sible TO say that the patent would or would not
be sustaiued but the fact that since 1866, scores
OF che ftctnry owners have utterly refused 70
pay penny of this claim, and the fact that these
contuma cious parties have not been competed to
nav by process o law, shows that Scott has not
over-much faith in the justice or legality OF hi
claims Suits have, however been commenced
during thus season by Scott or his agents, or Dy
parties who have purchased an interest IN the
patent, against several persons IN Central New
York In one of these ca es that OF Mr. :.
Fletcher OF Peterooro, Madison Co, N. ", the
defendant has repeatedly tried to force the plain
tits 10 Try the case, but thus far without avail
Buster and thrsaterlng, and the evasion OF 8
fa'r -r'"l seem to be the tactics employed by the
claimants.
l,u,U lowing is the law upon which dairy meI
base Their refusal to admit SCOTS oiaims:
SEC 24. ne 1t enacted etc -Ih4t any person
who has invented CT discovered any new and
useful art machine, manufacture or composition
of matter. or new and usetnl improvement
thereof not EnOggH or used By others in this com
tn, ard not patented described Ia ANY
PRINT ed publication IN ths or AIRY foreign cnuI'
try, h'fore h,s invention or discovery thereof
ana not IN pUDiic use or on safe for more hQi
tlCO gears pg,OT to this AZ pjtc0ttCI5, unless th'
same /, pro, ed to have been ,tandoped may
upon Payment of the duty 1equireo by law, anc
other proceedings had, obtain patent theref, r
Sec. 80. The applicant shall make oath or af
drmatiUn that he does verify believe himself q
be the original and first inventor or discovered
of the art machine, manufacture. composltiUI
or rmuruvement tor which he s"licits patent
nat hc does not klO7p. and does not 6stjeCe tho
He same 1rdS Ger 6ef0Te EH0tCn or used, etc
The itauCs my n. 1t VIII De seen that
patent Ohtained upon ar'lc,e which had beeI
IN public user for more Than two years prior t
an application for pat MT on that article, salt
patent IL invalid Scott applied for his paten
January Srd, 1866, and the patent Is dated Marcl
9Th. is. 6.
The writer used the Range and Setter foul
seasons before ScOtt's application was made, VIZ
in 1862, 1868 1864 and S65. 1t can be proved
that 1t several other factories they Were in us'
in 1852, in of factories IN 1868, and in hun
dTeds (pruNabt IN 1864.
Within q month Herkimer county daiTyma1
told me that be used the same principle in hi
DAIRY fifteen years ago.
There are Other strong points that might b.
raised against Scots claim. advise Vernon
dairy men 20 band together and share mutual!
the expense II test suit IL the courts befurt
submitting further TO the exactions of thes
claimants.
[ also ADVISE them TO dispense with the ute 0
the Range End Setter altogether. For cheese les
than seventeen inches in diameter the covered
table has any and decided advantages over tn
Setter. The latter | threw out of use five year
ago, and would by no means return to then
again.
Very respectfully yours,
GARDNER b. WEEKS.
G. i. SHELDON, ESQ,
Rupert, Vermont.
tLITTER FROM T. d, CURTIS.
UTICA, Oct. Is, 1870.
O. +. SHEl DON, ESQ, Rupert, Vt.-Deag Sir
Il know nothing about the validity Of MI
Scott's title, nor what decisions he may have ob
tanned. 1 knew the use of the rail and turner j
older than any patent ON them, an that he can
not pgh' en- factory IN this region into pay
ing him anything foT their use. There are thos
ready 10 Try titles with him, but he does not az
pear disposed to come TO the scratch. At first, a
far back as 1865, few were frightened into &C
knowledging his claims. He every now and the
finds Others equally weak. would not pay hin
a cent, as / consider the whole thing gross i'm
position.
Yours ETC.,
II. ID. CURTIS
Managing editor of the Herald, Utica, N. Y.
EXTRACT IRON THE UTICA MORNING HERALD o.
OCTOBER 18th.
yesterday there meeting at Little Fall
OF the factorymen OF HerkimerCounty held to form
an organization for the purpose OF making lesa
test of the validity of SCOTS patent for Rang
and Setter 70 cure cheese" Samuel Midd. ton
OF WATERFOWL, has brought suit against some o
the ficiorymen in the vicinity of Little Falls, TO
refusing topay the yalty on this alleged patent
The factories Joining the organization intend Il
put this claim at rest by q test suit. To this enc
paper has been drawn up, signed by the repre-
sentaives of thirteen of the leading factories o
Herhimer County, pledging themselves to compe
Dir. Middleton 70 show legal claim to the roy