Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1878-11-29
The Driyc.Well Swindle.

Des Moncs Correspondence of The Chicago
Evening Journal.
| notice the agents of the alleged
Green patent drive well have begun a
crusade against all persons using a
drive well in this State, under a decis-
ion Of the United States Circuit Court
for the District of Minnesota. Not on
ly this, but they claim royalty on the
use OF an iron tube inserted in an open
well, and parties in Minnesota have
paid the exorbitant and unwarranted
fee of $46 for using an iron tube in an
open well, walled from bottom to top,
rather than be annoyed by a suit to de-
fend their rights. 1t is evident system
OF downright robbery is being carried
on under this patent claim. / believe
| can serve the 10000 subscribers Of
of The Journal in Iowa no better than
to give them some intelligence regard
ing this matter that they may act in
telligent!y for self protection
In January, 1866, Green filed an APP
plication for drive we'll January IA,
1863. the patent was granted. The pat
ent claims: The herein described pro-
cess of sinking wells where no rock is
to be penetrated, viz: by driving or
forcing down rod to and into the wa
ter under the ground, and Withdrawing
| it, and inserting a tube in its place. to
draw water through
In May, 1871, a reissue was made,
which claims: ''Thc process of con
structing wells by driving or forcing an
instrument into the ground until it is
projected into the water, without re-
| ho ,o
boring"
This is the claim upon which this
patent has been decided in the court
There is no question that Judges Dillon
and Nelson, before whom the trial was
had, decided according to the law and
the evidence before them The only
question is, has there been since newly
discovered evidence sufficient to set
aside this decision? 1t is a fact that
drive wells, constructed on the princi-
pies involved in the Green patent
claim, were in use prior to the date of
his application. Since this decision
was made, numerous persons through
out the country have been found who
declare they used. and saw these wells
in use, many years prior to 1866 B. J.
Wardenburg, of East Division, Min
neapolis, says he saw drive wells put
down in the high peat lands Of Neither
lands, IN dry weather every summer, to
get water tor sheep
Charles Batchcdcr. of Keene, n. H.,
used drive well in 1860 or 1861.
Thirty years ago Joseph Richardson,
now residing at Glencoe, Mimi, drove
iron pipe into the ground in brickyard
in Rhode Island to get water to supply
the yard.
Colonel r. C. Benton. of Minneapolis,
says he saw these wells in use in Yer
mont in 1868 Hon. w. w. McNair, of
the same city, says he saw drive wells
in use at the East before he came West,
in 1858.
c. +. Douglas, of Minneapolis, says
such a well was used by Randolph
Washburn at Stowe, VT, in 1858, and
also by Perry Marsh. in the same town.
H. ID. Wood, of Minneapolis, says he
furnished points for drive wells in Yer
mont in 1883
If anybody will read McKenzies
Five Thousand Receipts published
in 1929, he will there find where Green
evidently got his idea for drive well.
All this evidence has been produced
these claims are based
1t should be borne in mind that an
other patent exists for drive well,
granted to James Sugget March "a, 1863,
which consists of a perforated pipe and
point, the pipe and point being driven
into the ground
1t will be observed that, prior to
Green reissue, in 1871, his claim was
for rod driven into the ground, to
make hole for pipe or tube. In his
reissue he makes the broad claim for
driving or forcing an instrument into
the ground until it is projected into
the water.
When the reissue to Green was be-
fore the Patent Office, the query arose
as to whether or not the claim did not
conflict with that of Suggett. 1t was
decided it did not-that Sugget was only
entitled to the perforated pipe and point
Now it is highly probable that nearly all
the drive wells in Iowa put down were
those of the Suggett plan, and that
Green $ process was not used at all. 1t
40, the question is, what royalty is
Green entitled to for an Infringement?
He cannot claim for the art of pumping
or working the handle of a pump. If
for anything, it would seem to be only
for an infringement beginning when the
point entered the ground, and ending
when it stopped. The royalty for that
must be small If his process is used,
| understand he is entitled only to the
difference in cost by his process and
the next most expensive and practica
Bile process.
Before persons in Iowa pay any roy
alties for drive wells they should be GER
tain that they do not pay it on the
wrong kind of well, or, better still, that
they are compelled to pay a royalty at
all. What the rule in this State will
be for the patent sharks | do not know,
but presume the same as in Minnesota
There they offer rights to use the we'll
at Sc. For the Infringement where
wells are now in use, SO If the so is
not paid at once the victim is notified
to call and pay $3.50, or suit will be
brought at once for damages, and they
will tell you this is much less than you
will have to pay at the end of lawsuit.
If you call for bill of items, they will
make it up thus:
Triple damages. ................ ......... 900