The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1872-03-29

Ills well directed efforts at the
fair, and subsequently, visiting
maHy of the manufactures, did not
| however, result in any further set
Elements. The next heard from him
was In the patent office.
Another vigorous effort was then
made to secure q combination of all
manufacturers interested, but the
time was short and the case admit
ted of no delay. Immediate action
was imperative, and the final defeat
of the constance claim was secur-
ed at the expense of two firms now
members of the association.
This disposed of one case, but the
big fight was yet TO come, as soon
appeared in the fact that Sayles,
who having secured the reissue of
the ssDundas" patent (Which broad
~ covered the "straddle row Guilt
vat0E 1sgain notified manufactures
and dealers by printed circular
and personal Interviews, of his
claims threating snit unless settle
ment was made, giving the names
OF the manufacturers above referred
TO, rs the only ones authorized I'M
der his patents, to make and sell
cultiYators.
4 Not meeting with any success, he
finally brought suit against Hap
good, Young g. Company, of Chi
cago, who at that time were only
making q few cultivators and could
better afford to drop that branch of
their business, allowing Sayles to
establish his patent in the courts,
than to defend q suit of this Inagni-
tude.
The parties who defeated Sayles
in the Constance" patent, learning
that Hapgood, Young s. Co. would
not defend without help, again took
steps to secure the cooperation of
all cultivator manufacturers, adj
dressing letters to all, or in other
ways bringing it to their notice, and
calling meeting to be held in
Chicago to agree upon a course of
action. Four firms besides Hap
good, Young s. Company were rep
resented, and agreed upon q thor
ough investigation of the case, ap-
pointed a committee to visit Wash
ington, examine the claims, and if .
fair probability of succesSappeared,
secure counsel, and undertake the
defense with authority to draw up
on the parties represented to the
amount of one thousand dollars
each, as the funds should be requir-
ed, and to take for them steps to
all cultivator manufactur-
ers in a common defense of their in
terests. Three only of the firms |
finally came into the |
but at subsequent |
the number was increased |
to ten, now forming the CuItivator
Protective Association.
Tho result of their efforts, attained |
at great expense and labor, is well
known. These manufacturers
fought the battle, and paid the mon
ey in the interest of all manufacture
srs, not ceasing their efforts to pur-
suade all to join, and pay proper
OF the expense, until the
successful issue was apparent.
When the danger of further old
;ultivatOr patents being re-issued,
md the war having to be fought
over again became known, the asso-
citation bought the threatened claim
Ind commenced a thorough investi-
CATION in the Patent Office for fur
her patents which might prove
to the present day Guilt
7ators.
The researches revealed quite a
state of affairs, and no
ime was lost in securing these
Ihape that the association might
on the large outlay they had
made Extending over a period of
4 Af ~ |
ivator manufacturers.
The idea was, service had been
'endered the cultivator interest by
Iverting the danger of different per-
IONS securing these important pat
'nts, claiming, and collecting an
royalty on each patent.
When the association made known
heir claims, their secretary was
allied upon to meet q few other
at the Briggs House,
Chicago, when he received the fol-
owing proposition. /
To admit to the association a
limited number of manufacturers
lpon payment by them of proper
ion of cost which had been incur
ed in the ligitation with Sayles and
Il the purchase of these patents it
vas urged that the chief elements
If opposition would then be dispos-
ID of, and such an array of strength
he presented as would induce settle
nent with all others. This propo-
Iition the secretary very properly
feeling that at this hour
he proffered assistance came with
Tcry poor grace, and informed the
gentleman the association had no
side trades" to make, and if any
was made, all manufac-
y Woula De treated aiiIe, also
vas made they could not complain
put would stand upon the merits of
heir patents.