Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-12-01
Scott's Patent Range and setter
Again.
A LETTER FROM GARDNER 3. WEEKS,
SECRETARY AMERICAN DAIRY
MEMS ASSOCIATION

Editor Rutland Herald.-An article in
your paper of the 18th inst, signed by
Mr.. J. G. Scott, has just come under my
notice. For the benefit of Vermont dairy
men, ask for reply.
Mr. Scott truly says that the question
of the validity of Mr.. Rufus Scott's patent
on the Range and Setter was referred by
VIM. 81. Comstock, Esq., then President
of our Association, to Mr.. Crocker for his
opinion. This was done at Mr.. Comstock's
own suggestion, and with my approval as
Secretary of the Association, and not as
ga person who was then infringing the
patent referred to-" as Mr.. Scott falsely
states. The reference of the matter to
Mr.. Crocker was not intended as a finality
being simply the opinion of lawyer.
Soon after Mr.. Comstock published the
card of July 23rd, 1866, he became con-
WINGED that he had made mistake, and L
think that he will be now fousd, with
Hon. George Williams, x. A. Willard,
myself and others, urging dairymen to
resist these claims.
Mr. Scott, in his communication to you,
states that was an infringer of the pa
tent, and more than intimates that, on
the appearance of Mr.. Comstock's card, l
was among those who paid the claims OF
the patentee in full Both statement
and allegation are false. began to use
the Range and Setter on the 9th of May,
1862, used them to the close of 1S65-four
seasons-then threw my settlers away and
covered my tables, all before Mr.. Scott
received his patent.
Mr. Scott denies my statement respect
ing the action brought against Mr.. s.
Fletcher, of Peterboro, n. Z. Let MIR.
F's testimony be heard.
PETERBoRo, Oct. 18th 1870.
go. B. Weeks, Esq DEAR sm.-I have a
suit pending in he United States Court. It was
to have been tried last March but the party
bringing the suit did not not notice it, but at Ca
nandaigua my counsel was sick and the pialnths
tried to have it brought on. We are nov ready
but they have not noticed it this term ct Albany.
L am trying TO force them for trial next term, at
Utica.
The ipueat0r. 1 used il here IN 1862.
Yours, etc.,
s. FLETcHER.
Again, in the Rural Neso Yorker for
July 9th; 1870, L. A. Willard, Esq g,
Dairy editor of that journal, after saying
that sundry parties had been circulating
statements respecting his having used the
Range and STRENGTHENING been sued for
infringement,-apd having settled with
the patentee or his agents, all of which
be declares to be ga tissue of falsehoods,
saws: 1--WE have heard for two or three
years past of factories refusing to pay for
the right, and although they have been
threatened with prosecution, we have
never yet heard of single suit having
been brought to force payment. And,
moreover, we do not believe that these
men care to test their claims in the
Courts"
I trust that the Vermont Dairymen's
Association viii appoint committee, at
their winter meeting, to investigate the
matter and to aid dairymen in resisting
claim that is so unjust. Meantime, let
Vermont dairymen show a little more
nerve than those interested in the Fifty
different suits" to which Mr.. Scott slludes,
and resist the claims until competent
courts can decide whether this patent,
upon an article which was in general use
three and four years before the applica-
ton for patent was made, is valid.
Again / advise dairymen to throw
away their settlers, and cover their tables,
assuring them that they will be pleased
with the change. .-
Very respectfully yours,
GARDNER B. WEEKS,
Sec'y American Dairymen's Association
Syracuse, n. Y, Nov. %, 1870.