The Topeka state journal., 1913-11-17
In the Suit for Infrineemcnt OF
Bridge Patents.
State Engineer Sued by Indian
apOlis Bridge Firm.
CLAIM 1888 IMR|neEIAElTS
Impossible to Build Concrete
Bridge If Suit Succeeds.
State Engineer Gearhart Makes
Many Charges.

| 6 O~N~> .
Il At a conference in the attorney
| generals Office today, it was announc-
(, ed that the state of Kansas would
fight the Injunction suit brought by
against State Engineer Gearhart to
4 prevent alleged infringements Of pat
! ents in bridge buildings in this state.
! Should Luten win the pending suit,
1 state officials contend that public
| works In Kansas would be at the
mercy of a bridge trust that would
make the once famous operations OF
the harvester trust look like a child
1 fsh pastime.
Just at this time the state officials
| are not burdened with fat contingent
fund balances. But they will fight the
Luten litigation to a standstill with
just as much zeal as though the Leg
islature had set aside a special fund
! for the case. And each time Attorney
i General Dawson and his assistants
look over the Luten Injunction petit
ton, there is a new determination to
go to war with the Luten interests.
which to state officials looks like the
i footprints of a real trust.
Claims 1873 Infringements.
! The Luten trouble with State En-
gineer Gearhart started over a bridge
! which was built near Newton and for
which plans were furnished by the
engineer. Just when work was nicely
under way the Luten representatives
! appeared on the job and began to
point out the state engineers patent
! infringements under a list Of patent
rights as long as a presidents mes
sage. Enumerating the infringe
ments. the Luten representatives
pointed out that the state engineer
had fractured the patent right laws
in just 13S different places.
| About all the materials that could
possibly find their way into a REIN
forced concrete structure were named
/ in Luten's bill Of exceptions to the
Newton bridge. And now, after ample
time in which to look those objections
over, the attorney generals force has
/ decided that 1t would be impossible to
build bridge Of any nature without
stepping on Mr.. Luten's toes and in
some manner injuring his tender feel
ings In regard to his patent rights,
which seem to have the bridge build
For instance.
| Most concrete bridges are REIN
forced with steel rods. In looking up
Mr.. Luten's patent rights. it is found
or permit the use of steel in bridges
Of all or partial concrete construction
and that patent law is violated to
, build such bridge without his con-
thought it might be able to use
smooth wire or barbed wire or even
hedge posts in reinforcing concrete
bridges. But shrewd Mr.. Luten had
thought Of these things long before
the state ever dreamed of them. And
Mr.. Luten had protected his right to
. his prior thought by securing an en-
graved document to that effect from
the patent office.
Deny There Is q Trust.
Bridge building firms, however,
deny there is a bridge trust, although
believes he could follow its footprints
through every county in Kansas. So
the attorney generals office is now
digging up the information that most
Of these bridge building firms are
closely allied or associated with the
Luten interests and that when plans
and specifications for bridges are sub
mitted to county boards. that the
the contracts. This, it is contended.
the bridge building contractors yield
to the Luten demands and by close
organization, the bridge building busi-
! ness in Kansas is divided until there is
virtually no competition and contract
prices for work are practically the
same.
Under this same system Of organ.za-
tion, 1t is contended that Mr.: Luten is
making his business nation wide and
that with his patent rights is building
up a bridge building trust in violation
Of the state and federal laws.
State VIII Fight
A conference concerning the pending
case is being held today in the attor-
ney generals office. At the conference
ant Attorney General Hawkes.. Cover
nor Hodges. State Engineer Geerhart
and Newton city officials. Answer day
in the Luten case is set for November
28. That the case will be a fight to the
finish and will prove as important to
Kansas as any OF the antitrust cases
of recent years, Is the declaration Of the
state officials who are attending the
conference.
Gearhart contends that the Luten in
terests have become so powerful in
Kansas that it is now virtually impos-
sible to build a bridge of any kind
without first consulting with someone
who has local supervision of the Luten
patent rights. Now the state of Kan
sas will fight to put the Luten interests
out of business under the antitrust
| laws.
Topeka Firm Involved?
According to a statement made to-
day by Engineer Gearhart the state
will probably try to show that the
Topeka Bridge & Iron Works COM
pany Of Topeka. il closely allied with
the Luten interests and Is at least a
local., If not a state agency for the
patent rights which the Indianapolis
man assumes to control
THE Topeka Bridge & Iron Works
company is in my opinion the state
agency for the Luten interests and has
been using these patent rights for a
number of years in Kansas said
/ Gearhart today. These facts. I think.
! will be shown in the trial of the case"
An effort will be made by the state.
through Gearhart, 1t Is claimed. to
! connect q number of other bridge
building companies with the alleged
/ Luten combine and to show the exis-
(; tence of q trust in Kansas and in the