The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-03-12
MAKING WOODEN Dishes
Congress May Extend the Life of
Seth Smiths Patent.
The Ni~fortune> That Followed the
Efforts to Realize Il PrOiit-Three
Disastrous Fires and Continued
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 20 Seth II. Smith.
II WAS in the latter part Of 1852 that
Seth II. 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 VITA great
rapidly and economy. He. it is said ex-
pended much time. labor, and money in
constructing 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 it. On March Is. 1888. ne OBJ
tanned letters patent No. 273753 covering
the wooden dish. and on April "a. 1859. he
obtained letters patent covering the ma
chimes for cutting the dishes.
10 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.
BY the time Mr.. Smith obtained his letters
patent ne was practically without means
TO commence the business Of manuiactur-
ing dishes and the first machines made
were of q crude and imperfect character
The novelty of the invention made an un-
usual amount Of experimental work Ueces-
sary, as he had 20 create new machinery
instead Of improving or adapting Old ma
chiuCry.
By the assistance Of friends. financially,
he succeeded after time. in perfeCting
his machines. and afterward in interesting
them 10 commence the manufacture Of
dishes aud "a small amount Of money was
invested in the enterprise, those engaging
i'm the manufacture Of the dishes agreeing
To paw ro 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
"a distrous fire. on March /. 1887. consumed
the building and machinery where the
manufacturing was carried on The build
iugs were Immediately rebuilt and new
machinery provided. when another fire Oc-
CURED December 20 1857. more serious
than the first. cntailug great loss upon
those engaged In the business. as well as
the loss OF royalties TO said pateutee. More
than half of the year 1855 Was lost before
they could resume the manufacture OF
dishes. Therefore. between the necessary
p
and the successive fires which occurred az
ter he induced his friends 10 assist him
with the necessary capital. more than five
years or the life OF the patents had eX-
pircd. FOR which time he received practi-
CJlly no financial benefit and his Licensees
had incurred only losses.
Destroyed ny Fire.
The business was only fairly started in
mud q r ~1Trr ftf q he
invention was al once appreciated by the
public. as evidenced by the fact that in
Engagements were promptly begun by per
sons and corporations I'm different parts Of
the country and the inventor. Smith, 10
determine his rights. was forced TO bring a
series OF suits in the United States courts
against these iufringements- The first suit
was begun June n. 1859. i'm 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-
iture Of a 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 D. 1Se3. in the United States cir
cult court for the Eastern district OF Mich
gan. against Paige d Strachan.
August go. 1898. i'm the United States cir
cult court for the Northern district OF I'LL
nois against William d. Hollis and John A.
Duncan.
I'm 1898 I'm the United States circuit
court for the Southern district Of New
York. against ID. : Walton & Co.
March %. 1854, in the United States IT.
cult court for the Eastern district of Mich
igan. against James W. Fales.
In 1929. in the United States circuit
court for the Southern district of New
York. against the American Wooden Ware
Company.
In 1894. in the United States circuit
court for the district OF Louisiana, against
the Norris MeGraw Wooden Ware Compa-
my tLimitedl.
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-
cision In March. 1894. was over S35. coo. II
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 c. al. VS. the Sandy Greek New York
Wooden Ware Company. Limited. In this
decision Judge Alfred G.. Cox in comment
ing on the invention. used the following
language.
"COmplainants' machine is most COM
plete and ingenious. Mechanical skill
could never have produced it. It required
high order Of inventive talent The
problem TO be solved was one Of unusual
difficulty. the dishes must be strong light.
thin and Of uniform size. They must be
| cheap. and they must not silver or split
or lose their shape. They must be capa-
bic Of being packed in small space so
| that they can be transported conveniently
and without injury. II is idle to assert
that one who has constructed a machine
which has overcome all these obstacles. a
machine which has created new art and
supplied commerce with over 100 O0O 600
such dishes annually is not entitled to q
place among inventors. Moreover. as be-
fore stated. he is entitled 10 liberal treat