Omaha daily bee., 1883-04-20

In st. Louis q civil trial that involves
wider interest, or attracts greater at
tention throughout the entire countr,
than those now pending in the United
States Circuit Court In this district
and
UPON TIE RESULT OF WHICH
depends the validity of every paten'
under which the manufacture O.
bsrbed wire fencing Is now conducted
There are eight of these cases pending
In this district, and several others IL
Iowa, and the effect, should the pat,
ents be declared invalid, will be to re-
lease this particular industry from al
restrictions and to rave to farmers anc
ranchmen several millions OF dollars
annually. This statement would seem
to deal with hyperbolioal figures, bu,
the facts are that there were, accord.
Ing to the estimates of the best quail.
fed judges, nearly $4,000 tons Of
barbed wire manufactured In the
United States In 1882; that
this signifies a total length OF
about 800, 900 miles of wire,
and that upon the manufacture the
firms claiming under their patents the
exclusive right to manufacture barbed
wire, made within the year In royal.
ties from their licensees and from ex.
ira profits In their own business, cor.
responding to the royalties In amount,
between 81, 600, 600 and So, 900, 600;
and the business ia continually In.
cressing. As additional thousands Of
miles of territory are settled up the
need for fencing Is Increased, and as
the barbed wire, in spite of the pat.
%entee's royalties, is the cheapest and
most convenient fencing material yet
known to the world, the business In II
continues to grow at an enormous rate.
1t Is this fact that gave rise to the
struggle now taking place In the
courts. Revenues OF the size of those
above named are worth fighting for,
and lawyers of the highest standing
In the country, many Of them with
great regulations aside from what IL
known as patent law practice, are en-.
gagged In the conflict.
A sUCCINCT HISTORY
of the cases and their reasons of being
can not fall to be of interest. The
earliest barbed wire patent was Issued
In 1867 to one Hunt, since which time
the issues aud reissues have been al
most innumerable. All of these, or
at least all of them that possessed
practical business features, have been
from time to time, acquired by the
Washburn & Moen manufacturing
company, of Worcester, Massaohu.
sets, and Isaac L, Elwood, of De
Kalb, Illinois, the plaintiffs In the
cases referred to.
Of all the numerous patents the
only practical ones are those known
as the Kelly and Glidden patents, the
original Issues of which have been, as
claimed by defendants in the suits,
enlarged and amplified out of oil
knowledge by subsequent reissues. 1t
Is precisely here that the controversy
takes place and where the battle has
to be fought out. II the issuesare de.
clared to be within the meaning and
intention of the original patents, or II
they are, In other words, valid, the
defendants here will have been guilty
of infringement. If otherwise, and
the courts should declare the reissues
vitality at variance With the original
patents and invalid, the business oil
manufacturing bsrbed wire will bs
thrown open to the public without re.
~striotion.
In 1880 the plaintiffs, the Wash
burn & Moen Manufacturing com.
pany and Isaac L. Elwood, acting
under their patents, secured In Chicago
In the United States circuit court fol
the Northern district of Illinois, Z
final decree against Jacob Hash and
others, who we're adjudged guilty Of
infringing the Kelly and Glidden re
Issues. The defendants then took nj
appeal from the decision of the circuit
court, they having, as now claimed By
defendants In the present cases, beer
pale Q handsome sum TO
FoREGo THAT RIGHT.
This, however, Is q mere allegation
of defendants here, and has not, so fal
as could be learned, been yet made the
subject of evidence.
With the precedent thus established
by the Chicago decision, the Wash
burn & Moen company and Elwoot
closed up every bsrbed wire factory II
the United States and secured fol
themselves an enormously profitable
business, they and their licenses
having a monopoly and being enabled
to fix prices at a figure which yieldet
them prinoely revenues, the royalties
alone amounting to between 81, 500,
600 and 90, 200. 900.
Subsequent to the declsions In Chi
cago In the Hash and similar cases
tho supreme court OF the Unite'
States rendered two dscisions which
appeared to entirely overturn tn
basis on which the Chicago case hs,
rested. These decisions were ON en-
tirely different subjects, but went t,
the principle of the right to embed,
In q reissue of a patent matter not ex
pressly claimed In the original. Thi
set the defendants In the presen
cases on inquiry, and the result wal
the establishment both In 81. Loui
and in Iowa of several factories TO
the production of barbed wire. Sui
was then brought, first against tn
Iowa defendants, and an injunction
asked for to restrain the further opera
lions of defendants. These case
we're argued last winter at Keckuk
before Circuit Judge McCrsry an
District Judge Love, and the decisiol
reserved. Subsequently eight suit
were brought against the st, Lou
defendants, namely, three against tn
Simmons hardware company, tw
against Fuchs, two against Gates, an
one against Grieuche, These are no