Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1886-01-01
CONTINUED from Third Page.

about this order, ana mas WTltteu "
the Eureka Fire Hose Go. and tele-
grapbed them an inumerable lot of
times. Had we known of course
that we were encroaching upon his
Territory, [ presume we should not
| have made you the quotation, as we
dislike to have any trouble with
local agents. AS we are the West
ern agents for the Eureka Fire Hose
CO. and handle their goods to the
exclusion of all other fabric hose
and what | have sent you is as l
have stated the genuine Eureka
brand and very best make. L re-
main. Very respectfully yours,
r. T. WHELPLEY.
ALEGAL OPINION.
District Attorney Torreyson was
asked. as the city's legal advisor to
give an opinion. He said:
81 have looked up the authorities
and | am of the opinion that if the
city accepts this hose it can be
| restrained from using it. The law
is very plain, and the Supreme
Court of the United States has de-
cided that manufactured article
| which is patented can only be
sold in prescribed territory by the
consent of the manufacturer. l
| will give my authorities in a brief
| if the Board so desire. All the de-
| cisions go to show that manufac-
tured articles are fully protected by
patents. The manufacturers had
assigned the Pacific Coast to
Schenck, and he alone had the legal
right to say who should sell the
hose on this coast"
ATTORNEY JUDGE
Here appeared in behalf of Muller,
Schmitt & Co., stating that he
should COMPEL the city to pay for
the hose it had accepted,
Mr.. Kennedy-We have accepted
no hose as yet.
Mr.. Judge-We shall bring suit
to COMPEL its acceptance. A con-
tract has been made; it has been
filed in good faith and the money
must be paid.
COFFIN OPPOSES LITIGATION.
Trenmor Coffin addressed the
Board as citizen and taxpayer.
He saw nothing but two vexatious
suits for the city and win or loose
would cost a great deal of money.
He believed the matter could be
compromised between the llval
firms and save all the expense 10
the taxpayer.
Mr.. Rail- will make this propo-
sition, will take the hose off Mr.
Muller's hands at the cost in Chi
cago pluss the freight and COMPEL
the Chicago house to take it back.
[ will then furnish new Eureka
Hose to the city capable of stand
ing $50 lbs. pressure.
Mr.. Muller-I have no hose to
sell, the city has taken it off my
hands.
Mr.. Klein-The ely had better
buy it.
Mr.. Rail-Ill see that you don't
use it.
Mr.. Kennedy-Gentl [
would like to see this matter settled
between you two.
Mr.. Muller-I have no hose Sfor
sale and I have principle at stake
as we'll as Mr.. Rail, [ don't propose
to be bulldosed.
Mr.. Bryson-I move we adjourn.
1t was not seconded.
By this time the clouds of Tobacco
smoke filled the air so thickly that
one could hardly see his Leighbor.
Mr.. Kennedy--We ought to do
something after all this talk.
Mr.. Bryson-I move to adjourn.
Bray seconded this motion and
the vote was carried.
Just arrived at E, B. Rails
store and now on exhibition, new
assortment of crockery and China
ware of the following brands:
Minton, Wedswood, Carlsbad, Co.
poland, Royal Worcester, Crown
Derby; also fancy glassware as fol
lows: Advinturim, Incrusta Vi
trina, fancy colored glassware of
all shades: also fancy lamps and
cha aelinre prnch hOw1s ems and