The National tribune., 1905-10-19

big fight is brewing in the automo'
bile trade. In 1895 George B. Solder
received a broad patent for the inven'
ton of "a road locomotive or horseless
carriage propelled by liquid hydro
carbon gas-engine Of the compression
type, having one or more power cylin-
ders, using an intermediate clutch OF
disconnecting device for the separation
of the engine from the propelling wheel
using a power shaft running at a great
er speed than the propelling wheel and
using suitable receptacle for liquid
fuel AS is we'll known, the Patent
Office issues a patent upon prima facie
evidence of a new and useful invention,
and allows the questions to be connect
ed with it to be fought out In the
courts. That is, patent Is not conclu-
sive evidence, and 1t only becomes a
thorough monopoly when the courts
have decided that 1t covers the case
and excludes all others. The Selden
patent has never been looked upon by
patent lawyers as a strong and conclu-
sive award. They have regarded it as
full of loop-holes. AS soon as the man.
sumo any Importance the leading manu-
facturers ran up against the Selden
patent. and without testing it's validity
agreed among themselves to accept it
and maintain it against others. Mr..
Selden assigned his patent to the Elec-
trio Vehicle Company in consideration
of royalties. The manufacturers formed
an association for mutual protection in
litigation and other matters, and in
July, 1900, began an amicable suit to
confirm the Selden patent. The suit
was against the Winton Motor Car
rage Company, and the Winton Co.
against the company pro confesso, and
its example was followed by other auto
mobile manufacturers until there were
so in the association. They entered
into>an agreement that every one should
take out license from the Vehicle Co,
and pay a royalty of 1 Il per cent upon
the retail price. Three-fifths of the
royalties were to be retained by the
Vehicle Co. and two-fifths to be paid
back to the Association for the pay
ment of expenses. All entering into
this syndicate bound themselves not to
issue any licenses except with the con-
sent of the Association, which was to
manage all litigation. Each member of
the Association paid an initiation fee of
$4,000, and the foundations were laid
for the biggest monopoly in the cOun-
try. The automobile manufacturers
outside of the Association were general
ly scared into paying tribute to it and
taking out licenses; but one of the larg-
est of these, the Ford Motor Co, of
Detroit, has fought the Association from
the start. Mr.. Ford took the aggressive.
He bantered the Association to apply
for an injunction against him, and final
ly offered, If they would sue him, to let
them choose any Jurisdiction in the
country. The Association sued the Ford
Motor Co., sued John Wanamaker, who
was the Ford agent in New York, and
they sued o. j. GUIDE as an owner and
user. but the cases have never been
brought to trial, and Ford accuses the
Association with designedly obstructing
the proceedings. Ford gives a bond
with every machine he sells. promising
to defend the purchaser in all litigation
and to pay all possible damage in
not discover the engine, and that every
body has perfect right to use any old
gasoline engine and carry it on a vehicle
in any old way with any old and we'll
known means of applying the power
and disconnecting it. In short, Mr.. Sell
den never advanced the automobile II.
dustry in any way, and it's condition
would be the same il he had never
been born. The Ford Co. has paid 100
per cent dividends this year and anoth-
er is due. 1t is very prosperous. and
expects to remain so, in spite of the
National Association Of Automobile
Manufacturers. AS the SeIden patent
has but seven years more to run, it
looks as IL Ford will win out in the
end by The failure of the cases to come
to trial. ii by no other means. What
has brought the matter more promi-
nently before the public is the attempt
OF the National Association of Auto
mobile Manufacturers to embarrass the
importation Of foreign machines and to
levy tax of per cent upon every ma
chine imported. They have detectives
who are following up all foreign ma
chimes. and have already discovered at
least 500 in the country which have not
paid tribute. The purchasers of for
eign machines complain bitterly against
this legal blackmaiI.'' but most of
them prefer to pay rather than to be-
come involved in costly litigation. The
National Association of Automobile
Manufacturers secured the Madison
Square Garden for automobile shows
leasing it for two years and prohibiting
the exhibition OF any but licensed ma
chimes. Mr.. Job E. Hedges. who is the
counsel for the Ford Co, has organized
an association of unlicensed manufac-
turers. and they are giving a show in
New York, to which all machines will
be admitted, at the new 6Sth Regiment
Armory.
MAKING USE OF MURDERERs.
The London Lancet has started an
interesting discussion as to the advisa-