JAXUARV 1. 1917. 



THE INDIA RUBBER WORLD 



215 



THE MANAGER OF THE "CANADIAN CONSOLI- 

 DATED." 



JUDICIAL DECISIONS, 



J A. WADE, who has recently been appointed manager of the 

 • Montreal factories of the Canadian Consolidated Rubber 

 Co., Limited, is a man of wide rubber knowledge, 20 years' 

 experience, and so particularly well equipped to weld together 

 the several factory units in Montreal under the supervision of a 



central authority 

 constantly in touch 

 with the mills. His 

 varied associations 

 have embraced not 

 only many of the 

 manufacturing de- 

 partments o f the 

 Dominion Rubber 

 System, but botli 

 the factory and 

 sales departments 

 of a prominent rub- 

 ber firm in the 

 United States. 



In 1895 he enter- 

 ed the employ of the 

 Revere Rubber Co., 

 Chelsea, Massachu- 

 setts. After four 

 years' training i n 

 the factory he was 



, ^ nr transferred to the 



J. A. Wade. ... 



sales division to be- 

 come familiar with costs, selling methods and general office 

 routine. There he remained four years more and then went 

 on the road selling general rubber goods. Later, hearing of 

 contemplated changes at the plant of the Canadian Rubber Co., 

 of Montreal, he arranged to join the staff as assistant manager 

 of the mechanical rubber goods division, and since that time has 

 been associated with the mechanical line except during 1912 and 

 1913, when he was general superintendent of the P.. & R. Rubber 

 Co.'s factory at North Brookfield, Massachusetts. 



Mr. Wade not only knows rubber manufacture well, but he 

 has a keen insight of human nature. His success is due, in large 

 measure, to constructive organization of the force under him. 

 Superintendents, foremen and the operatives generally have 

 confidence in his leadership and feel safe in his hands. That 

 efficiency in every detail is to be encouraged may be seen in the 

 weekly meetings of the foremen of his various departments, af 

 which ways and means to improve the service are discussed. 

 With the able assistance of Messrs. F. Jamieson and Henry 

 Poole, superintendent and assistant superintendent, respectively, 

 Mr. Wade's regime promises to be notable. 



PAN-AMERICAN AERONAUTIC EXPOSITION. 



New York is to have an aeronautic show. The first Pan- 

 ."Xmtrican Aeronautic E.xposition will be held in Grand Central 

 Palace, February 8 to IS, under the joint auspices of the Na- 

 tional .Automobile Chamber of Commerce, the Aero Club of 

 America, the Pan-American Aeronautic I'ederation and the 

 American Society of Aeronautic Engineers. Howard E. Coffin, 

 of the Hudson Motor Car Co., is chairman of the Exposition. 



Details have not been completely worked out, but it is prob- 

 able that the motor and accessory manufacturers will participate. 

 The Society of .Automobile Engineers has extended its activi- 

 ties to include aeronautics, and will hold a technical session 

 during the exposition for the discussion of present develop- 

 ments and possibilities of airplane engines. The S. A. E. stand- 

 ards committee is being reorganized in order to carry its work 

 of standardization into the aeronautic field. 



Buffalo Specialty Co. v. Lnuiana Rubber & In.sulated 

 Wire Co. The case here reported was an appeal from the Dis- 

 trict Court of the United States for the District of Indiana, the 

 appellant having brought suit to restrain infringement of all the 

 claims of patent No. 578,551, granted to E. C. Duryea, March 9, 

 1897, for improvements in vehicle tires. 



The device of the patent consists in a pneumatic tube or 

 bicycle tire treated internally with a semi-Hquid compound 

 which, when a puncture occurs, is forced by the action of the 

 compressed air within the tube into the aperture, and upon 

 becoming exposed to the air thereby congeals and thus repairs 

 the leak. The fluid, known as "dope," was not patented and, 

 according to the patentee of the tube, may consist of any liquid 

 or semi-liquid which will retain its free-flowing characteristics 

 while contained within the tube, but will coagulate when exposed 

 to the external atmosphere. 



Infringement was based upon the following facts : The 

 appellant was engaged in manufacturing and selling "dope"; 

 the defendant, in making and selling pneumatic bicycle 

 tires. The latter, being on November 5, 1898, the owner 

 of the patent in spit, sold and conveyed it to the appellant's 

 predecessor in title, the Buffalo Specialty Manufacturing Co., 

 and took back, as a part of the transaction, what was in the 

 transfer agreement termed "a shop license under said letters 

 patent," granting the right to manufacture and use the dope, but 

 withholding the right to its manufacture for sale except in a 

 local retail way from the factories of the Indiana Rul)ber & 

 Insulated Wire Co., and Peoria Rubber & Manufacturing Co., 

 respectively. The appellee thereupon proceeded to manufacture 

 the doped tire for over 11 years, when the business with the 

 Chicago house of Sears, Roebuck & Co. attained immense pro- 

 portions.. 



The appellant's contention was that it had no knowledge of 

 the action of the appellee in building up such a large trade until 

 about the time of the suit;. that such action was in violation of 

 the shop agreement, the true intent of which, it claimed, was 

 that the appellee should make and use or make and sell the 

 invention only in a local retail way from its two factories. 



.At the time this suit was begun the appellee also brought suit 

 in an Indiana State Court for reformation of the contract or 

 shop license; also for an injunctive relief, and damages. No 

 complaint was made of the sale of "dope" as such, but only of 

 its sale as an element of the tire of the patent. 



The court dismissed the bill at the appellant's cost for want of 

 equity, a decision which was afterward affirmed on appeal. This 

 decision was pleaded as res adjudicatii (a matter already 

 settled). 



The appellant's claim of infringement was based upon the 

 proposition that the appellee, having breached the license contract 

 by making and selling the device of the patent in quantities, 

 became an infringer. The District Court sustained both non- 

 infringement and the plea of former adjudication, and di.smissed 

 the bill for want of equity. This action of the District Court 

 was assigned for error. 



The Circuit Court of Appeals, Seventh District, before which 

 the appeal for assignment for error came, held that the shop 

 license authorized the defendant to manufacture in unlimited 

 quantities tires with the patented device, the only restriction 

 being upon the sale of the dope; this being particularly true in 

 view of the fact that there had been a long acquiescence in the 

 defendant's manufacture of tires. [The Federal Reporter, Vol. 

 334, pages 334 to 336.] 



L. A. Watts, for three years manager of The Rcpnlilic Rubber 

 Co. of Texas, has been appointed general factory purchasing 

 agent, with headquarters at the main plant, Youngstown, Ohio. 

 R. E. Ratcliffe, for two years in charge of mechanical sales at 

 The Republic Rubber Co. of Texas, succeeds Mr. Watts. 



