Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1882-03-31
NO. Sc

class mechanic is nnquestioned, and what
passes under his inspection may be con-
fidently relied upon.
Mrs. Gorham is the wife Of the alleged
original patentee, Gorham, who is dead.
Thompson is relative of Mrs. Gorham,
and the
M'cORMIcKs, ALWAYS KEEN
and shrewd, and ever on the alert to gath
er in everything of valuable nature in
connection with their business, long ago
obtained an interest from Marquis L. Cor
ham, at Rockford, soon after he had filed
his caveat for the patent, and it Is claim
ed by the combination that it owns, con-
trols and should regulate all the patents
relating to the automatic binding Of the
bundles OF grain, and that any other
tWlne binder now in use is only an lmita-
ton of Gorham's, and an infringement
on the patent the combination owns, un-
less the right is granted by Gorham or the
combination for its use. Besides the Min
neapolis Harvester works, the Deering
company OF Chicago, the Champion Reap
er company OF Springfield, Ohio, and the
Easterly Harvester company of Wiscon-
SIN, there are many others using twine
binders made under the
sO-CALLED APPLEBY PATENT,
all OF whom are to be proceeded against
IN ike manner, as bills have been filed
against the Minneapolis Harvester works
already.
Gen. NJ. D. Leggett of Ohio, at one
time commissioner of patents, and accrcd-
tied to be one of the ablest patent LAWYERS
IN the United States, is engaged, with
other learned counsel, on behalf of the
Mccormick combination, and there is no
doubt every effort will be made to compel
the companies now using the twine binder
without authority to cease operations and
pay royalty for those already Sold
In these days Of combinations and law
suits and expensive quarrels, 1t behooves
the purchaser of harvester machines to
select such as, when paid for, will be their
own, and not be subject to costly and
expensive law suit for the purpose Of de-
lending what they supposed was their own
by right OF purchase. In many cases where
the question came up in other patents. in
nocent purchasers of machines have been
compelled to
PAY A ROYALTY BEFORE ALLOWED
to harvest their grain or work the ma
chine they had bought and paid for, be-
canse OF some alleged infringement which
they could not possibly have known, and
dld not know until the courts compelled
them to satisfy the monopoly that owned
the rights.
NO one can blame the Mccormick com
lnatlon-having put money into the pa
tent-from wanting to prevent others from
using 1t without pay. The law pre-sup-
poses that patent is issued for the pur-
pose of protecting the inventor. and no
matter how valuable the invention. if he
could not dispose Of it to capitalists. it
would be useless to him, and capital
would scarcely be found to take hold of it
however valuable a patent unless it's rights
were secure
1t looks from a legal standpoint at
present as though the
MCORMICkS HAD EXCLUSIVE RIGHT
upon the twine binding patent relating to
the. automatic handling of bundles of
gram, and this being the case, should not
farmers be careful in purchasing auto
matte tWlne binding haryesters to secure
those which they know to have le-
gal and genuine existence IN the name
of the parties manufacturing the ma
chimes?
The following dispatch to the Chicago
Times shows that the Mccormick repre-.
sentive has already commenced proceed
lngs In Minneapolis against the
Harvester works there, and should
the court grant the orders PRAYED for 1t
is possible those using that machine will
be compelled to pay the royalty them
selves or make some compromise. This is
the dispatch:
ROYALTY RIGHTS.
st. Paul, Mimi, March 23.-The visit
of Mr.. Chas. Callahan of Chicago to this
city and Minneapolis to-day was, it is un-
derstood, for the purpose of demanding
OF the Minneapolis Harvester works in
the name of G. II, Mccormick of Chica-
go, Norman G. Thompson and Helen A.
Gorham OF Rockford, H., ROYALTY of $40
upon each, ,twine binding harvester that
said company has made or will make.
This claim is based upon the patents
which, after several years of controversy
IN the patent office, were in 1850 granted
to Marquis L. Gorham of Rockford. and
it IS claimed by the parties who demand
the royalty that they own and control an
the patents relating to the automatic
binding Of the bundles of grain. The
Minneapolis Harvester works, theWilliam
Deerlng company Of Chicago, the Cham
plon Reaper company of Springfield, O.,
the Esterly Harvester company of White
water, and all others that are using twine
binders made under the Appleby patents
are to be proceeded against by the parties
the Gorham patent. The at
torneys who have been engaged by the
Mccormick faction are Geo HARDING of
E. N. Dickerson of New
York, NJ. d. Leggett of Cleveland, Ohio.
and Parkinson & Parkinson of Cincin-
natl.