12 



THE AMERICAN BEE JOURNAL. 



use some of these features ; and tliat without 

 this use they Avoukl be of no more practical 

 vahie than the European hive. ***** 

 * * I have never sought for more than my 

 right, and if any one can show that before my 

 invention tliere existed any movable frame liives j 

 adapted to practical use, or any invention that 

 used the essential and patented features of | 

 mine, I will try to be the first to acknowledge 

 that, though an original inventor, I was not the 

 first inventor of such a hive." — L. L. Lang- 

 stroth. 



A few rem?rks will show Mr. Auchampaugh 

 why the Patent Office is continually granting 

 patents on invenlioos Avhicli use some, or all, ol 

 the patented features of my hive. 



Suppose tliat A makes and patents an inven- 

 tion. B makes what he calls an improvement, 

 using, however, some of the features covered 

 by A's patent. In his application for a patent 

 he confines his claim to the new feature which 

 he has invented. Could the Office, with any 

 show of right, refus", his application ? They 

 must take for granted that after hispatent issues, 

 he will obtain a license from A to use the pat- 

 ented features without -wjich liis invention 

 would be worthless ; or th:it, if he attempts to 

 use or sell his invention without sucli a license, 

 A will resort to the Courtis of law for redress. 

 C, D, E, &c., majr each patent successive im- 

 provements ; and all of them, if they use A's 

 patented features, must get license under him. 

 If C uses any of B's patent, he must also get a 

 license from B; and the patentee of the last 

 improvement must obtain Iceuse from all the par- 

 ties whose patented features he uses. It will then 

 be seen that, in the cases supposed, the first in- 

 ventor is tlie only person who can use his own 

 invention without anj"^ license ; and that he can 

 not use a single improvement patented by other 

 parties, without license from them. This is all 

 manifestly right ; for, if the first inventor could 

 prevent other parties from patenting improve- 

 ments, where would be the inducement to 

 others to attempt to perfect any invention ; and 

 if improvements^usingfeaturesalrcady patented, 

 could be made and sold without licensu 

 from the first inventor, Avhere would be the 

 inducement for any one to spend time and money 

 in patenting an invention, when any improve- 

 ment could deprive the original inventor of all 

 pecuniary profit for his own invention ? From 

 ignorance of these important principles of pat- 

 ent laws, the public are often grossly deceived. 

 Some one, for instance, patents what he calls 

 an improvement on some valuable patented in- 

 Tention. With his patent, to which the great 

 seal of the United States Patent Office has been 

 duly affixed, he goes around among those who 

 are entirely ignorant of such matters, to sell 

 his invention. If he is brazen-faced in his dis- 

 honesty, he will, when asked what features his 

 patent covers, boldly assert anything in the 

 macliine or patented article — the fact often be- 

 ing that the feature really covered by his patent 

 is some worthless conceit, for which the pur- 

 chaser, if he knew what he was buying, would 

 not pay a single cent ; while the thing tlmt 

 attracts him, and the right to use which he 

 supposes he is buying, is something not claimed 



in the patent shown, and is really the property 

 of another. The old latin maxim", " Suppressio 

 veri suggestio /a?s?," (the suggestion of false- 

 hood by.the suppression of truth) is plainly appli- 

 cable to all parties who advertise and sell any 

 patent whicli cannot be legally used without a 

 license I'rom some prior patentee, whose patented 

 features are used in such invention. The only 

 excuse which can save the honesty of such 

 parties, is the plea of ignorance, whicli certainly 

 cannot be applied to most patentees ; and as 

 far as regards iny claims, cannot l)e of any avail 

 to those who persist, after this exposal in ignor- 

 ing my rights. 



I am increasingly confident that no movable 

 comb hive can be invented, that, in the long 

 run, will stand the test, whicli does not use one 

 or more of tlie patented principles of mj^ hive. 

 Do I seem to claim too much, or in a boastful 

 spirit ? If I was the first to invent (as I think 

 I was) the combined features essential to suc- 

 cess, I was like the company who having the 

 choice of routes for a railroad or turnpike, se- 

 lected the best and shortest one between tT\(o 

 termini. Those who search for another and 

 independent route, however sanguine they may 

 be, can never get as good a one ; any more than 

 a way can be found (letween two given points, 

 shorter than a straight line. Nearly all the 

 movable comb hives in use in this country and 

 Europe, use some of the essential and patented 

 features of my invention ; and I feel little hesi- 

 tation in predicting that the few Avhich use none 

 of tliese features will, on thorough trial, be dis- 

 carded by all who dcbirc to obtain tlie highest 

 df gree ot pleasure or profit from heeculture. 

 L. L. Langstrotht. 



Oxford, Butler Co., Ohio, Juno 4, 1869 



[For the American Bee Journal.] 



Swarming on Foot. 



Several years ago, while yet keeping the 

 black bees, a hive of bees, in the swarming sea- 

 son, in plain view from where I sat at dinner, 

 commenced pouring out of their liive in regular 

 swarming style. But, singular enough, not a 

 bee t ok wing. Belbre there was a pint of bees 

 out, I set an emptj hive a few inches from the 

 first, on the same board, and brushed in a few of 

 the bees. These set up their usual hummiug, 

 and drew in the whole colony as it issued on 

 foot. I left this swarm where it was, and it 

 prospered finely. I may add that the day was 

 rather cool. 



John L. Davis. 



Holt, Mich. 



Great improvements may certainly be made 

 in the essential article of providing plenty of 

 pasture for bees, whenever this ful)ject shall be 

 more carefully attended to than it, unfortunate- 

 ly, has hitherto been. — Wildman. 



Bees themselves may be reckoned enemies to 

 bees; for they sometimes wage cruel wars 

 against each other. 



