The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1884-02-08


THE EsTEYs.
RILEY BuRDErr DEMoRALIZED, AND PERHAPs
RUINED IN PURSE.
Monday, January 4, the regular decision
day of the Supreme Court at Washington,
the decision of the now celebrated Bur-
dett, Waite-Estey Organ suit was announc-
ed. 1t was complete victory for the Es-
teys. "The decree of the Circuit Court for
the District of Vermont reversed and the
case remanded to that court with directions
to dismiss the BILL This means that the
nine judges of the United States Supreme
Court believe there is nothing to the pat.
ent The decision was unanimous-some.
thing very unusual and extraordinary in
this court. The case was argued on Nov.
ember 90, 81, 90, and the short time taken
to reach decision shows that the Judges
had very little difficulty in deciding against
Burdett.
Judge Blatchford, who had been promot-
ed to the Supreme bench since the last de-
cision, having written the former opinion
now writes this, reversing the former de-
cision of Judge Wheeler. We say Judge
Wheeler, because, although the document
bore the name of Judge Blatchford, it
showed the scar marks" of Judge Wheel
er's peculiar work all the way through.
The decree of the court below (Ex.Gov.
Stewart, of Vermont, as master), awarded
Burdett 100000 provided the patent
should be held as Judge Wheeler had init
mated, but he also decided that whatever
was valuable in this invention was directly
attributable to the patent owned by Estey
" Co., and that Burdett had traced none of
it to his patent.
CELEBRATION AT EsrEY's FACTORY.
When the news was received at the fac.
tories in Brattleboro, VT, about two o'clock
on Monday, the members of the firm hap.
pened to be out, but the employees at once
engaged in quite celebration; flags were
run up all over the factories and the news
spread about the town; congratulatory
calls were made by large numbers of people
and kilograms and letters began to flow in
from all sections Of the United States Of
course the feeling of that town was one of
quite general satisfaction, for, while the
Estey's were solid" financially, and there
was no possibility of an unfavorable decis-
ion crippling them, yet they were so iden-
titled with all the Brattleboro interests that
no one could wish them anything but the
fullest prosperity.
The case commenced in 1871. The bill
in equity from which the decree resulted
was never signed or seen by Burdett.
Waite signed and swore to it December 30,
1871, as may be seen from the record The
case was originally brought before Judge
Smalley of the District of Vcrmont-who
became incapacitated before hearing it,
and it was arranged to be heard before
Judge Woodruff Of Connecticut. lie only
listened to some collateral motions in il,
and died before the case itself was argued.
johnson, his successor, heard it In 1876,
but died before reaching decision.
Blatchford was appointed in his place, and
Wheeler having succeeded Smalley in the
Vermont district, they heard it together in
May 1878, and decided it in November,
1873, and 1t was then passed to the master,
who after taking testimony and listening to
arguments, found the damages or the prof.
its which Es!ey & Co. have from the pat.
ent, conceding its validity, to be $161. 900,
There were from the beginning some points
of doubt and controversy in the decree,
which he of course could not pass upon.
Up to this point it did seem as if the case
was going steadily against the Estcys; but
they and their counsel had undiminished
faith in the result. they appealed to the
Supreme Court to see If a patent could rest
on such pin points as Judge Wheeler and
Blatchford had stuck up for this, and
Brattleboro business men promptly and
pretty unanimously went upon their bonds
for several hundred thousand dollars to en-.
able them to carry the case up.