New-York tribune., 1920-12-08
British Barred
From Dumping, G,
AirpIalnes Here
Temporary Injunction l. Is-
sued by L. S. Judge to
Keep Obsolete Machines
Out of This Country

Judge julius NJ. Mayer, in the Fed
eral District Court, yesterday issued
temporary injunction restraining the
Aircraft Disposal Company, Limited,
Handley Page, Limited, two British
companies and William H. Workman,
their American agent, from importing
into this country 1865 airplanes and
$4,000 aviation engines. The injunction
was issued in suit brought by the
Wright Aeronautical Corporation, mold
ers OF the original Wright Brothers
patent.
The decision, while only temporary,
is said to be Of the utmost Importance
to American manufacturers OF aircraft.
1t decides the question as to whether
licenses issued in foreign countries un
der an American patent permit air
planes manufactured. abroad to be
brought into this country and prevents
the dumping on a large scale of foreign
airplancs Of an obsolete type
Would Ruin Industry Here
In his decision Judge Mayer says the
in March, 1920, and ii month la,er rur-
chased from the British government
some 10000 airplancs and 10000 aero
nautical engines that were surplus ma.
terial from the British war effort. He
also says that there is no market for
this material in any part OF the world
ether than the possible market that
might be made in this country.
He rccites the fact that hearing
was held in Washington on May %,
1920, by the House Committee on Ways
and Means in connection with bin de
signed to prevent the dumping Of this
....f !
Mitchell, Of the United States Air
Service, at that time declared the i'm
portatlon of these machines would ruin
the American aeronautical industry
"The defendants acquired these
planes from the British government
with their eyes wide OPEN" continues
the decision, "and took their chances
on their legal rights. They state they
have selected 2,365 planes for the
American MARKET the selling price o.
these planes is said to be &6510 600,
and the defendants asser, that the cx-
pense of storage and other incidentals
are mounting high, and if prclim-
mary injunction goes against them
they lose the market and thus suffer
a great loss.
Yet This was their hazard. They
should have known that plaintiff wouli
move eXpeditlously and diligently as =
has. There are then no equities in
favor of the defendants, and they mus
rely on their legal rights
The Wrights Contention
f. B. Rentschlcr vicc-pres dent aud
general manager of the Wright Acc
nautical Company, last night IN cou-
nection with the decision said;
e In attempting 10 enforce its right
under the Wright patent the Wright
Aeronautical Corporation felt that i,
vas doing a duty TO the entire indus
try in the United States The british
government had on hand at the close
OF the war thousands Of planes and en-
gincs which are now obsolete anA
which they wished to dump into the
United States at prices which were not
compassionate with tho actual cost Of
productions
"The United States army air service
attempted to aid the industry by gc.-
ting an anti-dumDing measure through
Congress at its last session. but il wa
held up by other legislation. It is To-
be hoped that it Will be passed at this
session, and it probably will be.
"There is one thing which each
Amercan manufacturer wishes to make
clear. 1t is this: We do not want t.
stif1e fair competition, but we do want
our market freed from the sale Of
planes, engines and parts, which arc
obsolete and of wartime design and
productions"