The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-12-13

lOtihWdft, lNeW JERSEY anu FeDnSylfanla
Just now contain soine very much worried
morocco manufacturers and there is good
cause for them to be worried. The whole
trouble is over a patent suit and every
manufacturer Of leather in this city with
two exception is effected by decision Of
the United States Circuit Court Of Appeals
in Philadelphia, which decision was given
last Monday.
The story of the case is an Interesting
one Some years ago man named Schultz
invented a chrome tanning process by which
skins could be tanned in very short time
and could also be tanned better than under
the old process. It appears that Schultz
did not at the time recognize the import
ance of his invention. 1t is said that he
told the morocco men to use the tanning
process and when he had II perfected he
would come and collect small royalty. He
soon sold the patent to Ludwig Roth, then
OF the firm OF f. Blumenthal g. Co., whose
factory is In this city. In turn Mr.. Roth
sold the patent to Blumenthal G. Co., and
they sold 1t to the Tannage Patent Com
pany. which corporation now holds It.
4 When the Tannage Patent Company got
hold of the patent 1t began ito charge a roy
atty and also a commission for its use. Some
few manufacturers paid it, but most of
them kept on using the process without
paying anything for II.
\ Suit was brought in the district court OF
New Jersey by the company against Will
liam Zahn, a morocco manufacturer and the
/ court decided that Zahn was not infringing
on the patent of the company in the tan
mage process which he was using. The
company carried the case to the United
States Circuit Court OF Appeals for tho
! Third district. and on Monday last Judge
Dallas reversed the decision of the court.
below and decided that zahn had infringed
upon the patent OF thu company. This de-
clsion is final and all that the morocco men
can do is to either pay the license and roy
atty demanded by the company owning the
patent or get some other tanning process.
II Is said that the rate charged the mo-
d. rocco manufacturers who are using the pat
ent with the permission of the owners Is
s2500 a year license, and 1914 cents dozen
on the number of hides tanned. At this
rate The profits at this time would be very
largely reduced. The rate would be almost
prOhibitive, One concern in this city would
be compelled to pay about ST., 900 year to
the company owning the tanning patents,
and the fifteen factories in this city which
would be affected would, II the times were
good, be compelled TO pay between S75 900
and 100000 a year to the Tanning Com
Pany.-- --=--.
To experiment with other tanning pro-
cesses would take time and money and It is
doubtful il it would pay in the end.
Whether the company owning the patents
fixes a high rate or low rate the manufac-
turers Will be compelled to pay 1t or to
hunt up some other process.
There are two concerns in this city
which are not affected by the decision of
the court. F. Blumenthal & Co. use the
process, but when they sold the patent to
the Tannage Company they reserved the
right to use 1t themselves. The other firm
which Is not affected is Washington Jones
& Co., who use a patent tanning process of
their own, The manufacturers In this
city have discussed the matter among
themselves and they have also talked over
the subject with a number of Philadel-
phia people, but nothing has been done.
Nothing can be done until the proceedings
and decision OF the company owning the
patent is made known. II the rate is too
high they will probably look for another
process and make some experiments, and IL
1t is low they Will use the process now in
use and will pay the royalty and license de-
manded of them. One thing is sure and
that is that the process cannot be used
unless 1t is paid for.
Several manufacturers were seen yes
terday and spoken to In regard to the mat
ter, but were unable to give any further
Information about what the probable out
come of the matter would be. 1t would be
no use to bring any further suits for the
reason that the case has been decided by
the Court Of Appeals, and that settles the
whole matter. 1t is a question of whether
to pay the royalty and license or to ex-
pertinent and invent another process OF
tanning.