The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-15
JUDGE BoYD.s RULING.
Important Decision That Is OF Inter-
est to Manufacturers Of Turpcntinc.
especial to The Messenger.l

Especial to The Messenger.1
! Greensboro, n. c.. March 1o.-In h
states court this morning,
Judge Boyd made a very important
decision. affecting the right Of h
and their associates to continue
1.-THE use OF their present processes or dis
turpentine n other produces
from pine. The "a was entitled. The
Georgia Pine Turpentine Company.
complainant, VS.. Carl w. Bilfinger n
Naval Stores supply Company. rhe
lc~omplainants had asked for an ORDER
restraining defendants from using GER
tain processes for distillfng t~urpentiEs
land by-products from pine. Charming
that 1t was an infringement of their
patents. Defendants had denied any
infringement. DISPOSITIONS in the case
had been taken under a former order
lof the court. a great many witnesses
having been examined, bearing on the
Question OF infringement. This evil
idence being before the Ii the casa
lcame up for hearing yesterday.
When court opened. the complain
ANTS, through their counsel. Messrs.
lDickerson. Brown Raegner & Binney
lof New York. and r. D. Douglass OF
Greensboro. entered a motion to dis
miss the bill of complaint, without pre-
iudice. taxing themselves with h
osts of the case. The defendants.
through their counsel Judge Henry
Schreiter of New York and Judge w.
II. Bynum. Jr.. OF Greensboro. resisted
1.-THE motion TO dismiss the bill. claim
Ing that they were entitled 10 a de-
,ree on the merits Of the case. deciar-
ing that they had not infringed any
patents. and thus settling the points
lin controversy Judge Boyd. deferred
Judgment until this morning.
1 In oman Fprirs ha nnnAtnani that In
twould deny the motion to dismiss the
lotion. and the evidence having been
taken and submitted. the defendants
Iwere entitled to a Judgment. declaring
here was no infringement Of the pat
ent alleged. Aside from the importance
10 the parties concerned OF the deci-
sion. n OF the counsel for the COM
claimants. says that its principle bear
Ing Is the departure from the practice
lin state courts. where In the absence
Pf any affirmative relief being asked BY
defendants. a plaintiff always has the
fright to a non-suit. upon payment OF
costs. The defendants counse replies
THAT the rul ethat the practice OF state
courts In matters OF law. applies TO
federal courts. out hat this Is a dis
Itinct suit in equity. and a different rule
prevails I'm the federal courts which
recognizes a division between law ana
IeQuity cases. this distinction having
been abolished in North Carolina
The gist OF Judge Boyd's decree.
(which will be OF great interest to man.
lufacture OF pine turpentine is con-
ltained in two sections OF the decree,
(which is as follows
THAT the apparatus for distiliing
wood employed by the defendants. the
stores supply Company. in their
lplants at Biscoe and at Aberdeen In
the western district Of North Carolina
does not contain any OF the improve
Iments set forth and claimed In United
States Letters Patent. No. COS. SIS
.lgranted. October 2. 1900, to c. w. Bill
finger and now owned and controlled
by the Georgia Pine Turpentine Com
Ipany. the complainant herein
That the defendant. the Naval
Stores Supply Company, do not en-
Iploy IN h manufacture OF tar. pine
oils. wood spirits. etc, carried on in
their plants at Biscoe ano Aberdeen ia
the western district of North Carolina.
the process Of distilling wood for the
manufacture of charcoal and saving OF
by products. set forth and claimed I'm
the letters patent OF United States, No.
674. 491. granted May q. 1901. to the
Southern Pine Product Company, as
the assignee OF Carl W. Bilfnger and
iowned and controlled by the Georgia
pine T1lrDaDfipa Tn tho oarorloAro,.