The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-04-17
pmove Poisons A CAT HOUSE ENJolnED
Sears, Roebuck & Co. Into Trouble
Again Over theManufacture
of Il Cream Separator.

age worded something like this
TROUBLES do not come single hand
ed" and verify, Sears, Roebuck &
Co, of Chicago, are having such an
experience. In November, because
of the efforts of The Journal, they
were indicted in the United States
courts for using the United States
mails for fraud, and now the United
States Circuit Court for the south
ern district of New York, has issued
an injunction against them, prevent
ing their selling the infringing sepa-
rator, known as the Economy" and
THE Improved Economy" This in
junction prohibits them from selling
or advertising for sale these infring-
ing S~eparators.
AS The Journal understands it,
these infringing separators are man
ufactured for Sears, Roebuck & Co.
by the Iowa Dairy Separator Co., of
Waterloo, Iowa, and it seems this
manufacturing concern will, in all
probabilities, be included in a later
ruling of the court.
The journal understands that the
Iowa Dairy Separator Company did
their best to help Sears, Roebuck &
Co. defeat the application for an in
junction, but failed. 1t is plain to
see why the Iowa Dairy Separator
Company would be so vitality inter-
ested in the outcome of the con-
tention. The rulings of the United
States Court state hat the patent,
which was i%nfringed, belongs to the
Bellows Falls, VT, and to the Empire
Separator Company, of Bloomfield,
N. j., and that this patent was issued
on March 3, 1896.
The ruling of the United States
Court on this patent was broad in
deed, and not only makes Sears, Roe
buck & Co. liable for the infringe
ment, but also holds that each and
every user of these infringing separa-
tors are equally liable. In other
words, every farmer in the United
States who bought and uses one of
these Economy Cream Separators,
is liable for infringement, and the on
ly way for them to avoid being i'm
plicated in this case and laying them
selves liable to violation of the United
1 Cfo+nc CN,r I =, i,,y,oSSO ic tn OF oroo
discontinue the use Of these infring-
ing ~separators.
While The Journal cares but little
as to the inconvenience this will cause
Sears, Roebuck & Co., we do regret
that the farmers, who have been in
nocent purchasers of these infringing
separators, have also gotten them
selves into trouble.
The thing for The Journal readers
to do is to get this information, at
once, into the hands of their local
papers, and let these papers notify
their readers of this Injunction, and
warn them of their liability in the
use of these separators. Information
has come to The Journal that farmers
who have recently purcased separa-
tors from Sears, Roebuck & Co., are
returning them and demanding their
money. 1t would seem that the only
thing Sears, Roebuck & Co. can do
under the circumstances, is to &C
cept these infringing machines and
return the money.
No user of these machines need
think they can escape being found
out, because one of the sections in the
ruling of the United States Court,
reads as follows: Ordered, adjudg-
ed and decreed that it be referred to
Samuel M. Hitchcock, Esq, one of
the Masters of this Court, to ascer-
tain, take, state and report to this
court an account of the number Of all
centrifugal separating apparatus and
parts thereof. made, used or sold by
the said defendant and its confeder-
ates in infringement of each or any
of the said claims of said letters pat,
ent, and TO WHOM SOLD AND AT
WHAT PRICE. And an account O
the number of such articles and part:
thereof, which the said defendant ha.
on hand, and also all of the gains
profits and advantages which the sale
defendant and it's confederates have
received or which have accrued tt
from or through the said infringe
ment, and to assess the damages suf
3 3 tered by the compliments by reason
of said infringement by the defend
t ant and it's confederates. and repor