The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1879-04-09

fact that this Coohrane invention antedate
the French patent. The fact is, that Q
, both points the court was misled."
'Well, what next?" ..-..s.s
s'The owners Of the reissued patent ne
only collected their royalties with impunit
all over the country, but went back throug
years and demanded payment for whateve
: flour had been ground by the middling
purifying system. Now, the French inven
ton was wholly different thing. 1t was
vibrating sieve, inclined. and as it rose an
fell at the sides produced q current of al
which passed upward through the meshe
the sieve. The French had use
this vibrating hand-sieve for lon
time, but Cabanese put machinery t.
it. The St. Louis millers no sooner saw tn
Minnesota wheat excelling theirs than the,
made improvements. They adopted tn
French system of putting their millstoneI
further apart so as not to crush SO much O.
the husk nor kill the life of the flour. They
also developed the glutinous properties q
their own flour by a successive grinding
modifying the faces of tho millstones and
reducing their speed. Consequently, theil
reground middlings produced better flour
than they had ever had"
TINKERING UP TUMBLE.
OANA GuO 3AuACAACuAA HoUOAAIOoo AAdho oily
changes in their apparatus to meet the de-
scription of the Cabanese machinery?''
"They tried to reconstruct it in the 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 so 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 get up
the exhibits, diagrams and models"
TRACING OF 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 a
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
subsection to the combined operations of
screening and blowing, and afterward re-
grinding and boiling the purified middlings.'
DE 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 a 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
UGH prominent cases as the Fiber Disinte-
rating 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 it's ISSUE The
damages claimed from the millers were so
immense that the conspirators proposed
voluntarily and cheekily to limit them by
compromise or even by special law
Mr.. Harding closed his argument with the
following words: "Can man give such q
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 mauu
be right, and if your honors say so it qoSW 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
tenth century.
oBTUsENEss OF THE SUPREME COURT.
SHOW did the aupreme court allow such
case to slip through?'
'lt was very shrewdly worked. Such law
yers as Walter Cox, now judge of the fed.
eral district court, and the son of ex.Jadge
Peck, of the court of claims, and Rodney
Mason, patent lawyer, the son of General
Mason, of Springfield, were let into the
patent, expecting that they would socially
influence the court. It is also believed that
the case against the Georgetown millers was
got up and poorly defended on purpose by
an obscure lawyer named Cady. In short,
patent was reissued' and test case made in
order to get their instant favorable de-
cision.''
"What way had the supreme court Of cor
rectlng such an error as that?''
GAS soon as their attention was fullv
brought to the case by the public indigna-
ton and by the lawyers they granted a com
MISSION which they seldom do, and never
like to do, empowering any circuit Judge to
try another case of the same kind, and then
let an appeal come up to them de novo; that
is, as If there had been no previous trial.
"The happy patentees then set to work to
get money out of the big mill of Washburn
d Christian. They admit having obtained
$6O 1000 in all as compromised royalties from
the millers, with which they conducted the
litigation. They came from Minneapolis
down to st. Louis, and struck the millers
there. Mr.. E. o. Stannard, formerly q
member of Congress, and big miller, was
weak enough to pay them, Notwithstanding
the general agreement of the st. Louis mil
lers to resist. He was expelled from the
Millers' association. The case was then
brought to trial on behalf of both the Mime
apolis and St. Louis mills before Judge Dill
lon, sitting on the bench, with Associates
Nelson and Treat, at St. Louis George
Harding, who probably got an immense fee |