The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1880-01-24
Farmers and Patent Rights.

Mr.. Baker of Indiana has introduced three
bill which, while primarily intended for the
protection of the farming community in his
own state, will, should they become laws, be
equally beneficial to farmers elsewhere-es.
pecialy in Illinois and Missouri. These bills
are levelled at what may be called the patent
right nuisance. Mr. Baker says that owners
of patent rights have obtained notes, under
false pretences, from large number of farm
ers in the northern part Of Indiana and as
signed them TO persons living outside of the
state, who are thereby enabled to bring suit in
the United States circuit court According to
the existing law a claim, in order to be admit
ed to this court, must exceed $500, exclusive
of costs. Nearly all of the notes are for $25
or less but by some sort of sharp practice the
suits are brought for $500, and the unucky
farmer pays the $25 to save the expense of de-
Tending the case in Indianapolis. The extent
to which this game is played may be inferred
| from the fact that single firm IN New York
state has 100000 Of Indiana notes so assigned.
One of the bills introduced provides that when,
in such suit ia the United States court, the
| finding is for a sum not exceeding $500, eX-
elusive of costs, the defendant shall recover
costs and a reasonable attorneys fee, which
latter shall be assessed by the Judge or jury as
part of the finding. The second section of the
bill provides that no United States circuit
shall have or maintain cOgnlzance of any suit
to recover the contents of any promissory note
| in favor of al assignee, unless an action might
have been prosecuted in the same court to re-
cover upon the note if no assignment had been
made. Foreign bills of exchange are excepted.
What are known as "driven wells" are eX-
tensively used in the east as well as the west,
and in northern Indiana alone it is said there
are twenty thousand of them. The owners
have either paid the agents who made the wells
or bought the right Of use and put them IN
themselves During the past year other agents
have been around and informed the propre
tors of these wells that they were infringing
upon patent which previous agents did not
control, and must pay royalty of $40 for each
we'll If the proprietor refuses he Is threat.
ened with suit, and many pay rather than
have further trouble in the United States courts
In some places, however, the well-owners have
combined to resist the imposition, and in In
diana, especially, large associations have been
formed to fight the patentright pirates. Mr..
Bakers second bill provides that no suit for
alleged infringement of this kind shall be
brought or maintained in any court having
jurisdiction in patent cases, "where it shall
appear that the defendant, or any person
through or from whom he derives title there
to, purchased the patented article in good faith
| from the manufacturer thereof or from per-
son or firm engaged in the open sale or prac-
teal application thereof, and applied the same
to and for his own use, and not for sale, nor
for manufacturing product for sale" The
third bill, designed to meet any objections
which may be urged against the second, pro-
vdes that in suits for infringement brought
under circumstances above described, ''if the
plaintiff shall not recover judgment in DANA
ges of $50 or over, the court shall adjudge that
he pay all the costs of suit, including a rea-
SOnahlp attOrncy's fee to the defendant and il
the plaintiff shall not recover a judgment in
damages of $50 or over, the court shall adj
Judge that he pay all the costs of suit"
Mr.. Baker certainly deserves the thanks of
all farmers for this effort to shield them from
what has become most grievOus tax, and one
which, in very many instances, originates in
deliberately planned fraud. Patent rights in
the opinion of hundreds OF victims mean pat
ent wrongs, and as the bills prepared and pre-
scented by the gentleman from Indiana are the
first attempt to check rapidly growing and
exceedingly expensive evil, 1t is to be hoped
congress will pass them without needless de.
lay.-St. Louis Republican.