The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-10
A BIG DAMAGE SUIT
BENSON BIDwELL AND OTHERS
AGAINST sTREET-RAILwAY co.
infringement of Patent Alleged. and
Damages Claimed from the
Local Company.

Benson Bidwell and Clara B1dwell, OF
Chicago, and Charles f. Bidwell. of Tole-
do, o.. yesterday filed suit in the Fed
eral Court against the Indianapolis Street.
railway Company of this city alleging that
the defendant has infringed on certain
patent rights owned by the plaintiffs and
asking that a perpetual injunction be
granted restraining the defendant from any
further construction or use of said patent
right. The plaintiffs allege that they are
the owners of the patent whereby electric
cars are lighted with the same electric
is required to operate the electric motor
on the cars. and that the street-railway
company is using this patent without any
license or authority from the plaintiffs.
The plaintiffs also ask for an accounting
and demand that the income unlawfully
derived from the violation OF the plain
uffs' rights be stated and damages paid ac-
cordingly.
The principal complainant in the suit is
Benson Bidwell, who claims TO be the orig
inal inventor of the system by which all
the electric roads In the country are OPP
Grated. Charles E. Bidwell, of Ohio, and
Clara z. Bidwell, OF Chicago. are made
compliments in the suit because they have
been assigned certain interests in the pat
ents by Benson Bidwell and now own the
same jointly with him. 1t is claimed by
BidweH that he actually invented and OBJ
tanned patents covering the entire present
system of electric roads, and that bis
patents are now being infringed here and
elsewhere. Bidwell has begun suits against
&c
ent cities of the United States and it is
said if he is successful in obtaining dam
ages for infringement upon his patents in
all the suits he has begun he will become
a multi-millionaire.
Briefly stated. the bill of complaint sets
forth that prior to the 18th of August 1884,
Benson Bidwell invented system for the
operation of electric railways by which the
electro-motors of the cars are propelled
and the lamps located on the cars are light
ed by the use of a single current of cleo
tricity transmitted from power station
along the line; that he was the first and
original inventor of the same. On that
date he applied for a patent covering this
system, which was duly allowed and grant
ed on the 18th day of May. 1885. On the 10th
OF February, 1884, he applied for letters
patent covering another feature of the sys-
tenn, which consisted of a metallic line cir
cult composed of tubular conductors, COM
bined with movable brush. a patent was
granted covering this invention on the sd
of September, 1884.
Benson Bidwel filed another application
on the 14th of August, 1884, for letters pat
ent covering other features of his system.
including a generator at the side of the
line, metallic line conductors separate from
the rails, travelling current collectors at
tached TO the car, a polarizing switch by
which the car is reversed, circuit wires by
which the ends of the line conductors are
connected with the feed wires, supports for
line conductors along the way. means of
switching line conductors and a system of
gearing direct from the car motor to the
axle of the car.
1t is claimed that the two patents actual
ly obtained and the application above re-
ferred to cover practically all the features
of the electric railway system as now OPP
Grated here and elsewhere.
While these applications were pending in
the Patent Office Bidwell exhibited his sys-
tenn at Boston, Philadelphia, Chicago, De-
troit and elsewhere and fully demonstrated
its practicability.
His right to the improvements covered by
the application filed for the lighting patent
was contested by S. +. Choate, but Bidwell
won and was declared TO be the original in
ventor of the appliances referred to. He
has never since been notified of any inter-
ference fled against the same, or of any
want of patentability in the improvements.
BidwelPs statement of his experience in
endeavorjng to place his invention on the
market is interesting. He tried to organize
this. commenced negotiations with the
General Electric Company and the Thorn
son-Houston Electric Company. These
companies. he alleges, blocked all HIS indi..
vidual efforts and then commenced appro-
priating his inventions. Their agents at
tended his public exhibitions, induced him
to explain the mechanism. construction and
operation of his system, under the pretense
that they would assist in manufacturing
and placing the same on the market
FORMED TRUST AGAINST HIM.
They studied his plans and drawings
1t is claimed. and when they had the
system well in hand cast him aside. Ii
is alleged, broke all their promises to
assist him in the operation of his inven-
lions and proceeded to secure these valua-
BILE rights for their own benefit He claims
they obtained various patents on detached
portions of his system and then sought to
combine them so as to form system of
their own. But 1t is charged that the sys-
tenn In common use in Indianapolis and
elsewhere comes squarely within the scope
of Bidwelfs patents and is a direct in
fringement upon them.
Bidwel1 has demanded royalties and dam
ages sHd has commenced suit against them,
but by reason of i'll health and lack of
funds has not been able to prosecute a
final hearing. He claims that these COM
panies have entered into an alliance to de-
prive him OF the benefit of his Inventions
that they have organized a great trust
which sells to various companies through
out the country the right to use and op-
crate electric roads, and covenants to pro-
tect and defend their licenses from all
claims by reason of Bidwelfs patents 1T
Is alleged that the Consolidated Street
railway Company, the principal defendant
in the suit, is operating under such a con-
tract. The purpose of the trust ii is
claimed, is TO establish monopoly and
discourage and prevent individual efforts.
Not car, ii is claimed, could be operated
without the use of Bidwell's patents.
]. H. MORROW ARRESTED.