The Savannah morning news., 1900-08-31
CLAIMS AN INFRINGEMENT.
USE OF ATTACHMENT TO HUTCHIN-
SON ISLAND COMPRESS ENJoINED.

Montgomery Compress Company
Claims That the Principle of Lat
eraI Transverse Compression ana
Machinery by Which 1t Is Applied
Are Its Sole and Patented Proper
ty-AIIeged That j. r. Minis Il Co.
and Union shipping Company Are
Using This Attachment Judge
shelby Enjoins Use of Attachment
TcmporariIy-WilI Not Interfere
With Operation of Compress.
A temporary injunction, granted by
Circuit Judge d. D. Shelby and filed
yesterday in the office of the clerk Of the
United States Circuit Court here, pro-
hibits J. F. Minis & Co.. and the Union
Shipping Company from further use of
certain attachments to the compress now
in operation on Hutchinson Island.
The complainant in the injunction pro-
ceedings is the Montgomery Compress
Company of Memphis Tenn, and the
ground of complaint alleged in the petit
ton is the infraction by the defendants
of certain vested patent rights which it
claims TO own. The rights claimed are
said to depend upon the discovery of the
principle THAT the compression of a bale
of fibrous or like substance, to the ex-
treme limit in one direction, did not ex-
haust the quality of compressibility of
the bale in a direction transverse to the
first compression" and the practical APP
plication of this principle to the COM
preston of cotton for export.
The complainant claims 10 be the sole
owner of the patent and the sole rightfu
user of the process, by which, "in addi-
ton TO ordinary direct compression a
lateral or side compression is produced in
a transverse direction" 1t is charged
that in the operation of the compress on
Hutchinson Island an attachment is be-
ing used which applies this principle and
which is an infringement upon the pat
ent rights of the Montgomery Compress
Company.
OF course, it is NOT true, as has been
widely and unwisely stated. that the
grant of the temporary injunction pro-
hibts the operation of the compress on
Hutchinson Island, or that it will mate
rally interfere. with it. All that is pro-
hibited is the use of the alleged patented
attachment, by which lateral compress
ton. This is merely an attachment, can
be taken away from the congresses with
out impairing their efficiency, and the pro-
hibtion of its use will not interfere with
the compression of cotton for a single
hour, or even a single minute. Work to-
day will go on Just as il has since oper-
atoms were begun.
The contention of the complainant is
that the process was discovered and the
l.
of cotton invented by Stonewall r. Mont
gomery, to whom letters patent were is
sued by the government on Sept. IA, 1897.
The inventor since he obtained letters pat
ent from the government, has transferred
all of his rights TO the complainant in the
pending suit
A number of items of damage. actual
and prospective, are alleged in the petit
ton of the complainant. 1t is asserted
that the use of the patented process by
the defendants will result i'm large loss
in sales, that it will cast cloud upon the
title of the complainant to the sole use
of the patented process and machinery for
its application, and that it is a wanton in
reference with vested rights. Because
there is no adequate and speedy remedy al
law the complai nant brings its appeal
to the attention of the court of equity and
bespeaks its raordinary processes of re-
lief The complainant is represented by
Messrs Harvey s. knight of Memphis.
w. f. Kay of Brunswick and Garrard &
Meldrm of Savannah.
The order granted by Judge Shelby, in
the absence from the district of Judge
Emory Speer. requires the defendants to
desist from the compression of cotton by
the use of the patented attachment, by
which lateral transverse compression is
produced, but 1t is expressly provided that
the defendants shall in no way be inter
fered with or restrained SO long as they
use only direct compression. The at
tachment. the use of which is prohibited.
may be left on the compress and work
proceed without applying it. Ii is not even
necessary to remove il from the machine
in order to comply with the provisions
and requirements of the injunction aud
at the same time continue the compress
ion of cotton.
Judge Shelby's order directs that the
defendants shall show cause before Judge
Speer, in Macon, on Oct. g. why the tenn
porary injunction now in force should
not be continued until the further order
or decree of the court. The petition filed
is accompanied by a number of affidavits,
tending to show that the attachment in
use on Hutchinson Island is an infringe
ment of the compliments patent, and re-
citing facts connected with various visits
made by MeSSrS. ROBERT ID. and Samuel
j. Webb. the mechanical engineers who
placed the Hutchinson Island attachments
in position to the congresses of the COM
peinant in Memphis. The apparent pur-
pose of the affidavits relative to the
Messrs. Webb is to show that they gath
cred their ideas from the machinery of
the complainant.
The complainant. in compliance with the
order of the court, has furnished bond
in the sum of 10000, with the Fidelity
and Deposit Company of Maryland as Sc
curity, conditioned to repay the defen-
dants any damages they may sustain by
reason of the order being improperly
sought and issued.