The evening times., 1900-03-12
MAKING WOODEN Dishes
Congress May Extend the Life of
Seth Smiths Patent
The Misfortunes That Followed the
Efforts to Realize q Profit-Three
Litigation Deprived Him Of Rights
the Government Had Guaranteed.

The Committee on Patents of the House
Of Representatives has presented a favor
able report on the bill to extend certain
patents to Seth II. Smith.
II was in the latter part of 1882 that
Seth H. Smith conceived the idea of manu-
featuring thin, seamless oval wood dishes,
for the use OF grocers and others, by
means of a machine with peculiarly form
Cd knives working together to cut the dish
from the face of a block of wood with great
rapidity and economy. He, it is said, ex-
pended much time. labor. and money in
constructing a machine suitable for the
purpose. and when the work was in more
or less perfect state he applied for letters
patent TO cover the dish and the machine
which made il. On March lS. 1888. he OBJ
tained letters patent No. 273773 covering
the wooden dish, and on April "a, 1883. he
obtained letters patent covering the ma
chimes fer cutting the dishes.
Ii was his purpose to manufacture these
dishes so cheaply that they could be sold
to gro-ers butchers, and merchants gen
orally and by them given away. with the
contents. as wrapping paper is given away
Rv the time Mr.. Smith obtained his letters
patent he was practically without means
To commence the business of manufactur-
ing dishes and the first machines made
were OF crude and imperfect character
The novelty of the Invention made an un-
usual amount Of experimental work neces-
sary, as he had to create new machinery
instead of improving or adapting old ma
chiuey
BY the assistance Of friends. financially,
he succeeded after time, in peTfecting
his machines and afteTWard in Interesting
them 10 commence the manufacture of
dishes and a small amount of money was
invested in the enterprise, those engaging
i'm the manufacture of the dishes agreeing
to pay 10 Mr.. Smith. as the owner OF the
patents. a royalty for the dishes )manufac-
tured and covered by his letters patent.
The business had hardly started before
distrous FIRE on March !, 1887, consumed
the building and machinery where the
manufacturing was carried on. The build
fugs were Immediately rebuilt and new
machinery provided. when another fire oc-
Cured. December % 1881 more serious
than the first entailing great loss upon
those engaged in the business. as wei as
the loss of royalties TO said patentee. More
than half of The year 1883 was lost before
they could resume the manufacture OF
dishes Therefore between the necessary
experimenting TO perfect the machinery
and the successive fires which occurred ar
ter he induced his friends 10 assist him
with the necessary capital. more than five
wears OF the life of the patents had eX-
pired. for which time he received pracu-
cally no financial benefit and his licensees
had incurred only losses.
Destroyed by Fire.
The business was only fairly started in
The latter part of 1855. and the value of the
invention was at once appreciated by the
public. as evidenced by the fact that in
frfngements were promptly begun by per
sons and corporations in different parts of
the country and the inventor Smith, 10
determine his rights, was forced 10 bring
series of suits in the United States courts
against these infrngements. The first suit
Was begun June u 1889 in the United
states circuit court of the district OF In
diana against William ID. johnson and 9TH
ers 4 great deal of time and the eXpend-
iiure Of large amount of money was made
necessary by this suit. The other suits
were
December 10. 1891 IN the United states
circuit court for The Northern district of
New York. against the Sandy Creek New
York Wood Manufacturing Company, Lin
tied.
March - 1898, in the United States cir
cult court for the Eastern district of Mich
igan against Paige & Strachan.
August 30 1923. in the United States cir
cult court for the Northern district OF Illi-
nois against William ID. Hollis and John a:
Duncan.
In lSe3. in the United States circuit
court for the Southern district of New
York. against ID. :. Walton & Co.
March -. 1894, in the United States cir
cuit court for the Eastern district of Mich
igan against James W. Fales.
In 1S94. in the United States circuit
court for the Southern district of New
York. against the American Wooden Ware
Company.
In 1924. in the United States circuit
court for the district of Louisiana, against
the Morris McGraw Wooden Ware Compa-
ny ILimitedl.
Cost of Litigation.
Every means of delay was resorted TO by
the defendants in these suits, and the total
costs OF this litigation up to the final de-
cisiGn in March. 1894. was over s35, coo. 1t
was not until March ,. 1894 that the pat
entee succeeded in getting a final adjudi-
cation on his patents in The case of Seth II.
Smith Ct al VS. the Sandy Creek New York
Wooden Ware Company. Limited. In this
decision Judge Alfred c. Cox. in comment
ing on the invention, used the following
language:
"Complainants' machine is most COM
ftlere iupanio,.c Naehapfcal skill