Daily globe., 1879-04-03
his vibrating hand-sieve for a lono

his vibrating hand-sieve for long
ime, but Cabanese put machinery to
t. The st. Louis millers no sooner saw the
Minnesota wheat e1celling theirs than thew
made improvements. They adopted the
French system of putting their millstones :
urther apart so as not to crush so much of !
he husk nor kill the life of the -four. They
,lso developed the glutinous properties Of I,
heir own -four by . successive grinding. l
modifying the faces of th4 millstones and
reducing their speed. Consequently, their
reground middlings produced better flour
than they had ever had"
TNKERNa UP TUMBLE.
"Did the American patentess make any
changes in their apparatus to meet the de-
scription of the Cabanese machinery?''
s'They tried to reconstruct it in tho summer
of 1877, and had some of the features of the
French invention, but it was of no account.
The additions they put on bore no reference
to their reissued patent. Indeed, the Ameri-
can inventors and millers knew nothing |
whatever about regrinding and rebolting |
their middlings.
'The counsel who argued this case intro
duced before the court working models not |
only of the Cabanese machine and the Coch- |
rane machine, but also of the Cove Farina |
machine. He made the whole process clear |
as day to the court, aud 30 annoyed the op-
posing counsel that he referred to the fact |
that set of banded robbers had grouped to-
gether to fight . poor inventor! Harding
replied that the opposite counsel had availed
himself of their working models. and that
not cent had been spent except to got up
the exhibits, diagrams and models
TRACING OF A MECHANICAL SNAKE.
"Did he argue the point about the invalid
ity of reissue?''
every ably; he showed that by the act Of
1870 the introduction of new matter is ex-
pressly forbidden in the reissue, and altering
the drawings annexed to an original patent
is also expressly forbidden. Both these pro-
visions were violated. Parts of the original
patent by Cochrane were omitted. He first
claimed that the boiling was only aided by
strong blast In the next patent he speaks
of the process of publication as wholly
| independent of any blast operation. He
added the words: Reducing the meal by
subjeotion to the combined operations of
screening and blowing, and afterward re-
grinding and boiling the purified middlings.'
He never knew anything about middlings
before. Mr.. Harding also took up the CON
fusion of terms as to middlings, meal, bran,
etc., produced by the corresponding terms
in France, which led to close overhauling
of the dictionary. Old Oliver Evans reap
peared from the grave to verify the advo-
cate. He showed that such re-issuea pat
ents, when amended, had been set aside in
such prominent cases as the Fiber Disinte-
grating company, the Hat Body patent and
the Sat Liquor patent In the case of the
Giant Powder company, the supreme court
ruled that the abuse to be provided against
was the temptation to amend a patent so
as to cover improvements which might have
been invented by others after its issue. The
damages claimed from the millers were 80
immense that the conspirators proposed
compromise or even by special law
Mr.. Harding closed his argument with the
following words: "Can man give such a
a patent to the public, as Cochrane did in
patent 81, ,317, and then reissue it in the new
form in which it is reissued in 5,841, and
hold the whole milling trade of this country
subject to it? If that can be done, it mag
be right, and if your honors say so it aoSW be
right. But, may it please your honors, many
many will think it hardly in accordance with
the advance of civilization and progress OF
laws in this, this last quarter of the nine
teenth century.
OBTUsENEss OF THE SUPREME COURT.
} 'How did the aupreme court allow such
case to slip through"
"It was very shrewdly worked. Such law
{ yers as Walter Cox, now a judge of the fed
eral district court, and the son of ex Judge
Peck, of the court of claims, and Rodne,
Mason, patent lawyer, the son of Genera
Mason, of Springfield, were let into tn
patent, expecting that they would social.
8 influence the court. 1t is also believed tina
: the case against the Georgetown millers wa
, got up and poorly defended on purpose b
an obscure lawyer named Cady. In short
= the supreme court now knows that thi
0 patent was reissued and test case made il
! order to get their instant favorable de
a cision."
d ''What way had the supreme court Of col
q recting such an error as that?''
: Gas soon as their attention was full
y brought to the case by the public indigns
! ton and by the lawyers they granted 'con
Q mission,' which they seldom do, and neve
+ like to do, empowering any circuit judge
! try another case of the same kind, and the
J, let an appeal come up to them de novo; ths
:, is, as if there had been no previous trial.
70 "The happy patentees then set to work
10 get money out of the big mill of Washbur
). .& Christian. They admit having obtaine
h 100000 in all as compromised royalties frol
Q the millers, with which they conducted tt
>. litigation. They came from Minneapol
q down to st. Louis, and struck the mile
10 there. MIR. E. 0. Stannard, formerly
It member of Congress, and big miller, vi
3, weak enough to pay them, notwithstandir
is the general agreement of the st. Louis mi
it lers to resist. he was expelled from Il
7s Millers' association. The case was the
1t brought to trial on behalf of both the MINI
Of apolis and St. Louis mills before Judge Di
Ion, sitting on the bench, with Associat
Nelson and Treat, at St. Louis. Geor,
;, Harding, who probably got an immense fe
40 went into court, as I have said, with
working models, exhibited large diagram
~ baked bread in the presence of the cou1
n and made this intricate matter as plain
Of day."
I'd FUTURE OF THE CASE.
y els it to be tried again?''
" "The Cochrane patentees say that th
n mean to carry it up to the supreme cou
ut that their only weak point is about the rel
lg sue of the patent, and that they will ha
9n stronger counsel than before. You can il
a agine how much the mil!ers have saved VIII
an you conceive the enormous number of bs
'tf rels of -four ground in this country and
th infinite mass of middlings, hitherto refus
I'D and used for horse-feed, which, by t
IN amended methods. become superfne flour
er "What were the points of the decision
he Gail the judges concurred. Judge Dill