The Caucasian. (Shreveport, La.) 1900-192?, 1911-09-05
WRICHTS MAY
CONTROL AIR.
Their Suits Hit Nearly Every
kerOpIane Maker,
new lNJUNCTIONS SOUGHT.

Flying machine suits are again COM
ing to the fore The Wright brothers
have begun wholesale injunction
campaign that. besides the original
parties to the Wright suits, now in
cludes the Moisant aviators, Rene ST.
mon, Rene Barrier and Audemars.
Tom Sopwith, the Englishman, who is
now flying Farman in this country;
Joe Frisbie, two Of the Moisant man
ayers and some aviators in Detroit
Those who are interested in the fly
ing machine litigation will remember
that suits have been brought by the
Wright brothers against Glenn Curtiss,
Claude Grahame-W White. Louis Paulhan
and others. These suits are set for
trial In New York state and city at
the October term of the courts.
The legal aspect of the flying ma
chine situation seems to have been
lost sight of by the general public be-
cause so many people were flying ap-
parently without let or hindrance from
of the Wright suits will again call at
tention to the fact that the basic
claims of the Wrights have never
been adjudicated. If they are settled
in favor of the Wrights it will mean
practically the whole flying business
of the world is In the hands of the
Wright company unless somebody ap-
pears with a type Of flying machine
about which nothing is even suspected
now.
French Makers Sued.
Wilbur Wright has been abroad all
summer giving testimony for the pros
ecution In France The suits in that
country are not precisely Wright suits
The patents of the Wright brothers
were sold to syndicate In France,
and in defense Of their claims to the
control of the air this syndicate has
sued all the French aeroplane makers
except the Voisins. The foreign ma
chimes such as the Bleriot and the
Antoinette boldly use the warping
wings identical with those developed
by the Wright brothers. There are a
score Of other French manufacturers
who use ailerons for lateral balancing
or some other substitute for actual
warping. The Voisins have never
used either contrivance. balancing
their machines by the rear rudder. so
they are out of the field of fire.
The French court after hearing Will
bur Wright held that the Wright de-
vice was patentable. but appointed a
commission and gave II year in
which to find any prior patents on
wing warping. Such patents exist.
but the Wright brothers were first In
the field with a motor driven machine,
and whether the old patents will be
regarded as imperative by the French
court Is not known.
The German courts, on the other
hand. have already established prec-
edent by deciding the first suit in fa-
vor OF the syndicate that bought the
German patents from the Wrights.
In this country the matter has been
very open. Curtiss. Grahame- ~ hite
and PauIhan had been sued. and there
was a general disposition to await the
result of these trials as blazing the
way for action In the other cases the
Wrights might start were they success
fuL In the meantime. however. the
Wrights had got one other manufac-
turing company In this country to ac-
eept q license from them. and they
have stated that the new suits are be-
ing brought to give their licensee the
worth Of his money
Another Patent Involved.
But the situation in this country Is
further complicated than by the adj
verse claims of "ailerons'' and wing
warping." In the background there
Is another patent that may any time
play an important part in the litiga-
ton. It was issued In 1903 to Pro
lessor ]. ]. Montgomery OF California.
Montgomery Is man well known In
the aeronautic world His patent was
for fexing machine when the wings
were curved The patents granted to
the Wrights were for fiexing the
wings of a flying machine when the
wings were fiat.
Now. flying machine with fat
wings will not fly without the appli-
cation of much more power than is
available even with gasoline engine.
The Wrights have never attempted to
build fiat winged machine. but have
always built under the Montgomery
patent. The Wrights have never sued
Montgomery, and he has never sued
them. though It is stated that he has
sent them letters Of warning by way
of keeping his legal rights alive.
The Montgomery machine was de
scribed as far back as 1893. when the
aerona;ltical congress was held In Chi
cago. and there were public exhibit
lions of the machine used as a glider
In California in 1905. What viii hap
pen If this fresh complication lis In
iected into the flying machine legal
controversy it is hard to say.
Even IL an adjudication OF the pat
ent controlling the dominion OF the air
Is made this winter the suits probably
win be kept alive By legal motions
two pears longer.