The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-27
COURT ORDER MAY
| PREVENT PAULHAN
| FROM FLYING HERE
Dates Were Cancelled Yester-
day in Several of the
Southern Cities
WRIGHTS AFTER HIM
FOR AN INFRINGEMENT
President HaIcombe Wires Back That
If Suit Can he Dissolved He
VIII Expect Date to
- BE Kept

Unless Louis Pau1han can do some-
thing to hold up the restraining order OF
Judge Learned Hand of the United States
district court of New York, the French
man will not fly in Birmingham next
week.
President J. II. Holcombe of the Busi-
ness Mems league received a telegram
last night from Manager Cleary Tor faui-
han, now at Oklahoma City: Received
federal injunction restraining KAUFMAN
from flying. Consequently must post
pone flying Birmingham until later date.
We have appealed and must win. Pro
found regrets from Paulhan and myseii.
Mr.. Holcombe Immediately wired MIN
that the dates would be held open and
IL the suit could possibly be dissolved
before March II he would expect MIN 10
fulfil his contract. No answer has yet
been received from this message.
It ia hoped that in some manner the
Frenchmans troubles may be removed as
the people of Birmingham and Alabama
are eager to witness his daring flights.
While Judge Hand of New York has
enjoined Paulhan from making exhibition
flights, a special from Hammondsport,
New York state, is to the effect that ap-
plication of counsel for Glenn Curtiss
for rehearing in the Wright Bros case
was granted yesterday by Judge Hazel,
who recently handed down an opinion
favorable to the wrights, who commended
that Curtiss has infringed their patents,
but he refused to sign an injunction
order restraining Curtiss from exhibition
fights.
The Wrights and their million-dollar
syndicate have, by virtue of the patents
that have been granted them by the
United States government. obtained con-
troll of the air. The decision In ques-
ton was arrived at in the granting of
temporary injunction, enjoining Paulhan
from making further flights in this coun-
try with his aeroplane.
Judge Hand takes practically the same
stand as did Judge John r. Hazel of
Buffalo last month when he granted the
Wright brothers an injunction against
Glenn H. Curtiss, the well-known Amer
lean aviator. However, he goes little
IuTlleT, . anu uIllll dcSioioH 40 iC-
versed it will be practically impossible
for anyone in this country to either
build or operate an aeroplane without
the permission of the Wright syndicate,
for to do so it would be necessary to
build and fly an aeroplane without
tail, which, of course, is an impossibility.
The opinion of Judge Hand is as follows
"Paulhan says that he does not in
fringe because he does not use a device
which automatically always presents to
the wind that side of the rudder nearer
the angle of lesser incidence and that
IL the patent be constructed as merely a
combination of vertical rudder with a de-
vice for creating a dfferential in the
angle of incidence of the rear marginal
edges of the plane, it is not novel
discovery
Paulhan's device is steering DEVICE
the judge holds, only when it Is free
from the warping device. The combina-
ton is actually used, even though the
ropes are detached and the rudder used
to steer as we'll as maintain equilibrium
of the plane.
From the showing made" Judge Hand
goes on, "I cannot doubt that the COM
plainants first put into any practical
form the system of three-rudder control.
That there may be other systems is not
to the point Let the defendant use those
If he will Nor Is It necessary to conclude
that the compliments were the first to
fly Upon that decide nothing what
ever For 1t is not an issue in the case.
All l do say is that / cannot find any
one prior to their patent had flown with
the patented system and that the changes
from the specifications, which the de-
PENDANT has made, are no more than
equivalents, which do not relieve him
from infringement
The opinion held generally by aviators
and even United States army officers, who
have come in touch with them, that the
Wrights are narrow-minded. finds some
reiteration In the concluding sentence Of
Judge Hands ruling.
II regret that the plaintiffs have SO
repeatedly seen At to accentuate the fact
that the defendant Is an alien. In the
determination of the rights of persons
who may come before the court. that
fact is totally unimportant; and indeed
It is by no means calculated to predis-
nose me in his favor that citizen should
believe it consideration of importance.