The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-19
SUIT OYER A new GOLF BALL.
SOME FEAR THAT IF NAY SEND
IPTHE PRICE FOR MI THE REST.
EIenIor kcmpshalI, Who Makes the Ne"
Rubber Fliled Article. Prohibited by
Court Order From Manufacturing
N1re at PreSent-HiS Old Patents sold.

Ono OF the points to attract most atten-
ton at the golf tournament last week at
H.lehurat. - C.. was that the three players
who did best in the game, Walter j. Travis.
the champion. James c. PATTERSON, OF
Lakewood. and W. c, Fownes, Jr., Of Pitts
burg. all used new kind OF golf ball which
ia on the market at 50 a dozen. ms IL
81 a dozen in excess Of what the golfers
have been paying for n box OF balls The
new bali l. said TO embody number OF
original ideas which make 1t worth the
advanced price. but makers OF other sorts
of golf balls say their patents have been
infrnged
The Kempsha Manufacturing Company.
az makers OF golf ball, have had re-
straining order served in this city on Eleazor
Kempshall. individually and rs president
of the company that makes the new ball.
to stop it's manufacture. on the ground that
the process used duplicates that by which
the Kempshall ball il produced There
will be hearing tomorrow before Judge
Iacombe. in the United States Circuit
Court on motion 10 change the restraining
order to a permanent injunction.
-Eeazor Kcmpshall was one OF the
organizers of our company. SAID a rep
resentative Of the kempshall concern,
"and he il now manufacturing gof hall
on methods covered by his own patents,
bat which he has sold TO rs As soon as
we ascertained this we procured Tcelaln-
ing order We hold that keinpshall can
not now manufacture golf balls IN thls
way nor take any steps in court TO quash
the validity of the patents he has sold TO
our company
In the sport ing goods trade there IL an
opinion that the suit may reopen the lltlga-
tion over golf ball patents begun IN wv
by the makers of the Haskell pall
The Haskell people won ana nave since
received a royalty, put at so cents Do1'
from the o,hcr manufacturers OF rubper
caaed golf balls. and the retail price has
ruled at So a dozen
The new ball am making, Mr.. Kemp
shall said. is protected by patents wnlcn
antedate those held by the kempshah
company, and we're not taken out by me
The Haskell people. while establishing
priority of invention on golf balls packed
with rubber thread have not established
the same claim regarding balls wound WIN
a rubber band over a core. which ~ the
gist Of the Kempshall company's patents.
lnder the royalty agreement, the kemp
shall company thought they could get
along without my id. and have now gone
into business on my own account ihey
are trying to stop me. but they won I sue
/ coed. for am not using any OF the patent
that they own
/ MIR kempshall's new company ia or
ganized under the laws OF Name with a
/ capital Of 81 100000, of which $500. coo Is
| preferred per cent ST ock. The office IL
( in this city.
/ The solid gutta percha golf balls super
! seeded by the Haskell and other rubber
! filed golf balls cost the players 81 dozen.
| The interest 81 the players i'll the litigation
! over .he latest ball II ST. m the fear that 10y
! some twist of the law or by some business
{ arrar ger'eut the general price may he
/ jumped from s. to 50 box for al golf
& ia lis