The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-29
A BIG LAWSUIT.
Lanyon Zinc Company May Be Fined
S1O6,OOO.

Leavenworth. Kas., Dec. 29.-The Off
GERS of the Lanyon Zinc company ana
their attorneys, all Of whom are charged
with contempt OF court, may De nneq
$105, 900 and sent to Jail If Judge W. e
Hook, of the United States circuit court,
decides Tuesday that they are guilty as
charged in the affidavit of Horace +.
Brown. The litigation between Brown
and the Lanyon Zinc company has at
tracted national attention, but the con-
tempt proceedings, before Judge Hook,
In Leavenworth, next Tuesday, VIII cap
the climax. 1t will be one of the most
sensational as well as one of the most
important cases that ever came before
the United States courts in Kansas On
future of the largest zinc producing
concern in the world 1t may also result
in number of the leading business men
and lawyers of the United States being
fined thousands of dollars.
Albert H Walker. the most prominent
patent lawyer in this country, whose
Office is in New York. arrived in Leav-
enworth and Immediately consulted with
john H. Atwood and w w. Hooper, at
torneys. relative to the contempt pro-
ceedingS. Mr.. Walker is associated with
Atwood and Hooper as attorneys for the
Lanyon Zinc company and they are in
cluded with the officers of the Ianyon
company as defendants in the contempt
proceedings. Mr.. Walker said today that
he was not losing any sleep over the
matter, as he expected to be able to con-
VILcS Judge HOOK IndI the furnace
which the Lanyon company is now using
in its zinc refinerieS is not an infringe
ment upon the Brown patent. Brown
has sold an interest in his furnace to the
Collinsville Zinc company. and officers
OF that company will come to Leaven-
worth to push the charge of contempt
against the officers of the Lanyon Zinc
company.
Sometime ago Judge Hook decided that
the Lanyon company was using an in
ringemcnt upon the Brown patent fur
mace, and he enjoined the company from
using the furnace in the future. The
Lanyon company then invented another
furnace which Brown contends is still an
infringement upon his patent. The Ian
yons claim that the furnaces are entirely
different. If Judge Hook finds that tha
judge the defendants guilty of contempt,
and may fine them s105. COCO any amount
below that figure that he sees fit.
The defendants in the contempt pro-
ceedings are James z. Rogers, Toledo,
o., president of the J4anyon Zinc COM
pany; William and Edward v Lanyon,
of lola and LaIIarpe, Kan; Albert H.
! Walker, of New York, and John II. At
wood and w w. Hooper, of Leaven-
worth. President Rogers and the Ian
yons will arrive in Leavenworth tomor-
row and a conference of all of the de-
fendsnts will be held at the law office of
Atwood & Hooper tomorrow night. Brown
alleges in his affidavit that the Lanyon
Zinc company makes a profit of $1,000 a
day and he asks that the court fine the
defendants that amount for each day
that the alleged infringed patent furnace
has been used. The time extends from
September Z. 1902, to December s, 1902, the
date when the contempt proceedings were
begun This brings the total amount
which Brown believes would be a proper
fine for the defendants up to $l0500o. Be
sides imposing a fine. Judge Hook can
also send the defendants to Jail if he ad-
judges them guilty of contempt
The fight between Brown and the Lam
yons has been on in the United States
courts for years, and both sides have
gained decisions.