The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1880-01-15
Farmers and Patent Rights.

Farmers and Patent Rights.
Mr.. Baker of Indiana has introduced
three bills which, while primarily in
tended for the protection of the farming
community in his own State, will,
should they become laws, be equally
beneficial to farmers elsewhere-es-
pecially in Illinois and Missouri. These
bills are leyeled at what may be called
the patent-right nuisance. Mr.. Baker
says that owners of patent rights have
obtained notes, under false pretenses,
from large number of farmers in the
northern part of Indiana and assigned
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 admitted 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
unlucky farmer pays the 1926 to save the
expense of defending the case in Indian
apolis. The extent to which this game
is played may be inferred from the fact
that single firm in New York State
has $4,000 of Indiana notes so as
signed. One of the bills introduced pro-
vides that when, in such suit in the
United States Court, the finding is for
sum not exceeding $500, exclusive 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
Court shall have or maintain cognizance
of any suit TO recover the contents of
any promissory note in favor of an as
signee, unless an action might have
been prosecuted in the same court to
recover upon the note if no assignment
had been made. Foreign bills of ex-
change are excepted.
What are known as "driven wells'i'
are extensively used in the East as well
as 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 them
selves. During the past year other
agents have been around and informed
the proprietors of these wells that they
were infringing upon a patent which
must pay a royalty of $40 for each we'll.
If the proprietor refuses he is threatened
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 Indiana, especial
ly, large associations have been
formed to fight the patent-right pirates.
Mr.. Bakers second bill provides that
no suit for alleged infringe
ments of this kind shall
be brought or maintained in any court
having Jurisdiction in patent cases,
"where it shall appear that the defend
| ant, or any person through or from
whom he derives title thereto, purchased
the patented article in good faith from
the manufacturer thereof, or from per-
son or firm engaged in the open sale or
practical application thereof, and APP
| piled the same to and for his own use,
and not for sale, nor for manufacturing
| product for sale" The third bill, de-
signed to meet any objections which
may be urged against the second, pro-
vides that in suits for infringement
| brought under circumstances above de-
scribed, "if the plaintiff shall not re-
cover Judgment in damages of $40 or
over, the court shall adjudge that he
pay all the costs of suit, including a
reasonable attorneys fee, to the de-
fendant, and if the plaintiff shall not re-
cover judgment in damages of $50 or
over, the court shall adjudge 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 q
| most grievous tax, and one which, in
very many instances, originates in de-
liberately plannd fraud. Patent rights,
in the opinion of hundreds of victims,
mean patent wrongs, and as the bills
prepared and presented by the gentle
man from Indiana are the first attempt
to check rapidly growing and exceed
ingly expensive evil, it is to be hoped
Congress will pass them without need
less delay.-St. Louis Republican.
o