The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-11-06
And Gains His Suits as His Patent Elk.
pires.
what Et Costs to Re n Public Bene-
factor.

"And who il hep / asked
THAT is J. C. B rdsell, the inventor of the
clover huller, or clover threshing machine"
This conversation led me to investigate
the case enough to present the facts in re-
gard to what may be classed as the third
GREAT PATENT LAWSUIT
in the United States, and perhaps in the
world. The American public are familiar
with the history of Goodyear and Elias
Howe, but in the rush of mighty events
which have filed the minds of the people
during the past 20 years, they have not no
tlced the meager reports OF the great strug-
giles of this one quiet, unassuming man, Wlo
left the pillow handles and the orderly life OF
a farmer to become a cheftsin IN litigation,
and who, though seven times bankrupted in
20 years has overthrown the combined
forces of his enemies; but in the end has
gained the sort OF victory which is almost
defeat because he now has less money than
he had when he first obtained his patent.
The inadequacy of our
PATENT LAWS
is also illustrated by the history of Mr..
Birdsells litigation, as it demonstrates how
little protection is in fact given to the in
yentors or meIitorious labor-saying ma
chimes aud especially those which accom-
plish that which no labor bad ever been able
TO do as perfectly before.
JOHN c BIRDsELL,
the principal of this litigation, was born in
1914 on farm nesr West Henrietta, Monroe
county, New York. In 1858, at the time of
the granting of his patent, he lived at that
place upon his own farm of 254 acres, the
whole OF which was then valued at S3S 600.
Like other farmers. he bad experienced great
difficulty ia threShing out clover seed, as the
only way then known TO separate the heads
from the straw was TO tramp them out under
the feet OF horses, or with fails, and after
L 4 -, Il - inn. Ont m a
chine then little in use. These old pro
cesses required the frequent handling of the
clover, which kept the price of seed beyond
the reach of the smaller class OF farmers
AND at this time clover had become recog-
nized as great fertilizer, second only to
guano and abont the only thing which
could be used upon the broad acres of farms
distant from the seaboard.
BEGINNING WORK.
In the winter of 1856, and two years be-
fore this patent was granted, Mr.. Blrisell be.
came satisfied that his machine would sepa-
rate the clover seed from the straw and hulls
by one process and he decided to begin their
manufacture. He accordingly erected works
at West Henrietta, borrowing money and
mortgaging his property, and began the
manufacture of machines, but the expense
was so great and the public so incredulous
that by 1859 he was $l5, 900 IN debt In 1853
he became satisfied that his field of opera
tons was in the west, and in 1864 he remov-
ed the most of his business to this place,
leaving his account books and other property
in charge of an agent at his old place. That
fall his entire establishment at West Henri
eta including office and books, was destroy
ed by fire, which used up his assets in the
shape of notes and other securities. This
left his gross indebtedness about S23 900, but
he pushed on with his work at South Bend
backed by a few friends who had faith in bis
invention. The war was raging at the time
grain commanded fabulous prices and the
entire farming interests neglected everything
for that kind of produce. In 1863, while
boarding, with his family. at the St. Joseph
Hotel here, that building burned, destroying
his books papers and all of the assets and
accounts outside of the factory, and added
again to his debts.
THE THIRD FIRE
occurred in 1867, destroying again his offic,
and part of his factory, which again in
creased his indebtness. By 1870 his entlr'
farm had been invested in the business, ant
he had still debt of over $40 600 hanging
over him. During that year he had fai
business, but not sufficient to clear him o
Indebtedness.
LAWSUITS AND ISFRINGENESTs.
During all of his troubles and financia
embarras4ments different parties had beel
building machines under his patent, but b
was unable to cope with them, as they wer
generally rich corporations. In 1858 b
brought his first suit against a company q
Mishawaukee, q town but four miles frou
here, and Obtained a small judgment. Blu
in 1864 Z. X. Collius, of New York, brougn
a suit against HIM for infringement, whic
was decided in favor OF Mr. BIrdsell in 166t
but the litigation had cost him over IS OOC
Ia the next three years he had i've suits, a
against power vi companies; and though b
mi in q I'M
joined il cost him $4,000, besides the los
to his business in having the market file
with machines, which, under his patent, tn
government had guaranteed hin the e,
elusive right 10 make. And this did nc
deter manufacturers from using his paten
because they knew il would expire in 1877:
and they were prepared To open upon ID
market as soon as MS exclusive privilege e.
pired. IL was known to them that he hs
but limited means, and would be driven OF
of the field by their money and establishe
business connections.
EXAMINATIONS AaAIssT BIRDsELL
In 1872 he applied for an extension of n
patent and the infringers formed a comb
nation to defeat his application. The con
bination consisted Of eight OF the most pow
erful manufacturing companies OF agr
cultural in plements In the country, the
combined capital amounting to over
rEs MILLIONS OF DoLLARs,
backed by years of business experience san
an extended acquaintance, and sgainst Thu
this inexperienced farmer had nothing
pit save the justice of his claim and the col
fidenee o. few friends who would loan hi
money. The contest for the extension vi
a bitter one. and covered so much groun
that the testimony alone made $50 pages
print I'm a volume the size OF the ordinar
law reports. In the end NJ. Birdse
obtained tie extention of seve
years asked for. but it had co
him over So, 900 to do ii. No sooner hs
tie extension been granted. than some
the parties who bad opposed II began Il
frDging upon IL, ard rs brought SUIT again
two of them. Mcdonald a. Co, OF Wooste
MI. nrd the AlhIand Alachina Com nan