Omaha daily bee., 1890-05-19
KNOCKED OUT THE COMBINE.
The Barbod Wire Monopoly Killed by Two
Judicial Opinions,
THE GLIDDBN PATENT is INVALID.
Cowardly Biackmuu Levied and the
Terrorism Exercised by the
Knocked Out Monopolist
Over Farmers.

Inc ucClSlOuS u JuupG OUlTdS VI lOWd anu
Judge Deadly of Oregon will probably relieve
the farmers from the royalty attached to
barbed wire by reason of the Glidden patent
which has been declared illegal.
The following from the Oregonian of Port
land and interviews with the barbed wire
manufacturers of Omaha will be read with
great interest by the farmers of the great
west who rely ON barbed wire to enclose
their possessions:
"The complainants brought suit at Pitts
burg against the Braddock wire company
and applied for an injunction in July, 1888,
but when the day of hearing came, and they
found the defendants ready in court, they
withdrew that motion, admitting that they
had no standing in the court. From that
time until the bringing of these actions
against Knapp, Burrell & Co, they have
done nothing but bring suits against dealers
and agents, in the hope of intimidating and
thus destroying the trade of the manufactur-
ers; but in this they have sgnally failed,
owing to the fact that their patents standing
adjudged invalid, have had no standing in
the courts, and the manufacturers have as
sumed the defense of all suits brought against
their customers. 7 believe that the effect of
Judge Deadys decision will be TO even put
stop to that most disreputable practice"
Had the complainantS any confidence in
their patents, there is no reason why they
should not have tried all the questions in
volved directly against the ST Louis wire
mill company in st Louis.
aside from the consideration Of the mo-
tives prompting the complainants to these
and similar cases, the fact is that the manu-
facturers, the St Louis and Braddock COM
panies, intend not only protecting and saving
harmless consumers of their products, but to
pursue those complainants to the point where
they will be compelled to submit whatever
claims they have to the supreme court of the
United States. In the case in which Judge
Shirts of Iowa decreed the Glidden Novem-
Der patent was invalid an appeal was taken
to the supreme court of the United States.
The case on appeal will probably be
reached for argument in February or March
of 1891. The determination of that case will
determine all of the questions at issue. AS
to the result of that decision | have not the
slightest doubt, believing as | do that the
supreme court will hold that Morely and not
Gliddeu was the inventor of the wire barb,
and that there was no invention on the part
of Gliddcn, assuming that he invented all
that he claims, in view of the patent to
Kelly. | can only view the course being
pursued by the claimants as most disreputable
in the extreme, and one which should receive
the condemnation of every reputable dealer,
as well as every one having occasion to use
barbed wire.
''NIr. William Edenbon, the president of
u.
in conversation with reporter that in this
controversy, no matter when or where their
customers were attacked by the compliments
in these suits for infringement, they would
be defended at the expense of his companies,
and saved absolutely harmless; and that on
moral principles his companies intended TO
stand by their customers.
THE great barbed wire interests of the
country appear to be very much concerned in
the decision Just rendered by Judge Matthew
J,i Ia, no t GtutaS pir buyt
The cases are denominated the Washburn ~
Moen manufacturing company and Ellwood
VS. Knapp, BuTell Il Co. Knapp Burrcll a.
Co. being agents for the St Louis wire mill
company of St. Louis and the BraddoclS wire
company of Pittsburg, Pa.
1.-The complaimants, claiming under the
Gldden patents brought suit against Knapp,
Burrcl x Co and applied to the court for an
injunction to restrain the defendants from
selling the products of the St Louis and
Braddock companies. The cases were argued
before Judge Deadly for two days, when the
court took them under adviscment. Accord
ingly Judge Deadly rendered an opinion, de-
nying the motions for injunctons, and holding
that as to the Glidden reissue which is the
essential patent owned by the compliments,
it was invalid, and therefore dismissed the
bill of complaint the complainants having no
standing in the court.
LAS to the second Glidden patent, on which
the compliments asked an injunction,
the court denied the injunction on the
r,r,,,nd tbot tho al prora entitled
- - W. oo"itahIa ,.aIinf These c,Ses ;nroi,-ed
tba 40 Lain of nomoiaimarts 70 a monnnoIv ~
the harhed wire business thew cIaiminr that
tho ,,,onn factnre and sale of G,lidden wire hv
otbo, thar, tber,salvas was unInIvfmI ~
The efTnct Of the decsion ~ the court ;s
+bat thn nannfoctn,e and snle of GIidden
,,,;,o ;. IL nnhi ,rona,,tv and that naitbe the
Observation-Disclosures no, onv9ne else has the ripbt to
,inmn,,nIv If on1ea,,s acrnrding to the
Sba,,,;,o m33da tb"f th;s I,lid5en ,.eissne had
,,o,,in,ISe,r hoon 1ecroed in,aIid in the TTnitcS
Stotao ,n,,t fo,, tho eostarn dist,;ct of Mis-
sn',,i oud that the ,I;dden natent Of Novam
%o. is1i bad bcan declared Invalid hv tho
Sttos ci,crit cnmrt fo, The disty,ict of
~ "a t+ th ,,e m ttn,nt
an t%, nn,,t Of the commandments - oVercn,pe
th nfra"t Of those dncii;nns and .re,,ive rho
,,at,it .nt Trbi bo,,,o,,a,, I,dnro Doodr fi
pn,,'ier ,,,n nin3;catinns hn5ing The nntants
;U,'aIir dncii,,ca 70 DO As the decisinns of
te a. o,,, o,n nndeStood tbov o,e 10 the Of
fnct that ,'ntil n re,ye1scl In, tho ennramo
I,rt tl%U 20 thn irto Statos ~ cnnnaipnnti
.otau va tS tuS a ,5 40 ~ 10 wy ontdd
piii paIoa'' 'V''i0 'A" "io W w ''9"'o" 10 -
Nutu an. robr p ponro++ tbo Ne,v yo,,, ot-
,,,a,. r bn DIr" ar,,,Iod ~, tb" nasos and Irhooe
sUinGS VIZ ~ att low, INC soiJ in rnumentino
, ny dpiaio e 20 a." ~
l..Thaso "ao nomnIa;nonts aVthn,,, rosidirc, IN
,,t oto .o'i, - aA'ro"5 t tt 90 ,,,tsond
d o,orts ;natoad su oF to
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