New-York tribune., 1900-05-21
SUIT FOR ORDNANCE PATENT.
ARMSTRONG CASE TO BE ARGUED ON
TUESDAY COUNSEL.
[BY TELEGRAPH TO THE TRIBUNE

[BY TELEGRAPH TRIBUNE1
Washington, May 20-The suit brought by the
great firm of British gunmakers Armstrong, Whit
worth & Co.. against the Chief of Ordnance and
other United States naval officers who have been
manufacturing certain gun mounts for the United
States naval service will come for trial before
the Supreme Court of the District of Columbia next
Tuesday.
In 1888 r. X. Brankston a British subject.
took out United States patent for trunnon
bearing for ordnance and other heavy mechanism,
the object being to lessen the friction the trun-
MON seats. This device never adopted in this
country, but in 1895 Lieutenant Joseph Strauss, of
the United States Navy, at present In charge of
the Naval Proving Grounds at Indian Head Mary
land, invented and patented an arrangement SINH
lar in appearance to that of Brankston, but diff
fering essential details. This latter device was
Immediately adopted in the United States naval
service, and large number of naval guns. includ-
ing the S-nch 12-inch and 13-inch guns, have been
fitted with this Strauss device.
The English gunmakers allege that this Amer
lean invention is infringement OF the patent
granted the Engshman. Brankston. and have
brought suit for damages against Admiral O'Neii'
Chief of Ordnance of the Navy Department. who
has charge of gun construction, and against the
commandant Admiral Mccormick. and the super
intendent of the Washington Gun Foundry. Captain
Pendleton. The suit out that the plaintiffs
were damaged in the sum of s3Oo by the unlawful
manufacture of this Strauss invention prior July
l last, and the manufacture OF this device al
legged to infringe still continues the bill for dam
ages will be increased IL the suit Is finally decided
In favor Of the Englishman.
In the Rrankston device part OF the weight Of
the gun on the trunnions is taken on ant-friction
supports suspended by springs, but the trunnions
in their old seats while in the Strauss device
the entire gun is lifted bodily knife edges, like
chemists scales. l3-inch gun whi 4 weighs
over nnety-three tons. and throws projectile of
1l00 pounds with a charge of $50 pounds of powder
is suspended On two knife edges and fired while
suspended.
The reason that suit is brought against the naval
officers personally for damages is bly, be-
cause the Government Itself cannot be sued. on
this point the United States Supreme Court holding
In the case of Belknap ct al. VS. Schld: The
emption OF the United States from judicial process
does not protect their officers and agents. civil
military, in time of peace from being personally Ia
Bile to the action of tort by private person whose
rights property they have unlawfuy invaded
injured. by authority of the United States
This Armstrong suit is the first to be brought
watched with interest by all persons who believe
that their patents have been nfringed by officers
of the United States.
The Government has assumed the defence of the
tanned on both sides. The counsel for the Govern
ment will be Ashley NJ. Gould, Assistant District
sell to look out for the technical and patent ques-
tions involved. while the plaintiffs viii be repre-
sented by A. S. Warrington and Messrs Bald
win Davidson Wight Psten, lawyers The
will be Park Benjamin of New-Y York.
and Professor Philip r. Alger, of the United
States Naval Academy. while Arthur S. Browne. of
Washington. and representative of the British
firm win testify experts for the plaintiffs. Both
Mr.. Wilkinson and Mr.. Benjamin graduates of
the United States Naval Academy, and have had
with ordnance litigation and expert matters con-
nected with ordnance.