tub: AMERICAN BEE JOURNAL. 



131 



"No matter by wltnt infaiis an Tuveiitiou maj' 

 be coinmnnicated to the public iK^fore a Patent 

 is obtained, any aeqiiit'scfucc to the imblic use, 

 by the inventi^r, will he an abaiKloimient of his 

 rio:ht. If the right were asserted liy him who 

 fraudulently obtained it, perhaps no lapse of 

 time could" give it validity. But the public 

 stand in an entirely difierent relation to the in- 

 ventor." Shaw vs. Cooper, 7 Peters, 320, Mc- 

 Clean J., Sup. Ct., 1833. 



"A strict construction of the act, as regards 

 the public use of an invention, before it is 

 patented, is not only required by its letter and 

 spirit, but also by sound policy. The doctrine 

 of presumed acquiescence, where the public use 

 is known, or might be known, to the inventor, 

 is the only safe rule which can be adopted on 

 this subject," IMd., 321, 322. 



"The question of abandonment does not turn 

 upon tlie intention of the inventor. AVhatever 

 may be his intention, if he sidfers his invention 

 to go into public use, througli any mieans what- 

 ever, without an immediate assertion of his 

 right, he is not entitled to a Patent ; nor will a 

 Patent obtained mider such circumstances pro- 

 tect his right." JMd., B., 23. 



"S. made an invention in 1854, but did not 

 make an application for a Patent until Septem- 

 ber, 1858. L. invented the same in January, 

 1858, and made application for a Patent there- 

 for in August, 1858, and had manufactm-ed the 

 articles and put them in market. An interfer- 

 ence was declared between such applicants. 

 Held, that S. had forfeited his right to a Patent." 

 Saverey us. Louth, MS., (App. Cas.) Morsell J., 

 D. C, 1859. 



"There can be no doubt that where a party 

 has made an invention and buried the secret in 

 his own bosom, he may, aftei- a lapse of years, 

 come forward, and upon maldng a secret known 

 by an application for a patent, obtain a monop- 

 oly." Bey m. Thistle, MS., (App. Cas.) Mer- 

 ricks J., D. C, 1860. 



"But if in the meantime another has made 

 the same invention, and has obtained a Patent, 

 and the public has tlicrol)y Ix'conic ixxsesscd of 

 the discovery, when the tirst iuvciitor ;i[iplit's he 

 mil be met with the inquiry whether he has used 

 due dilligence in communicating his discovery. 

 In such case the th-st inventor forfeits his claim." 

 Ibid. 



These ami other decisions to the same effect, 

 which can be given if necessary, clearly show 

 that Ml-. Clarke's Patent has no validity what- 

 ever — in law — and that he has not the slightest 

 claim in equity to step in and attempt to pro- 

 Mbit au original inventor, who had used and 

 sold his invention more than two years before 

 Clark applied for a Patent, from using his own 

 independent invention. 



L. L. Langstboth. 



Oxford, Ohio. 



NOTES. 



A. I have since 1851 kept a Jom-nal in Avliich 

 are minutely recorded my experiments, obser- 



vations, thoughts, and devices, pertaining to 

 bee-matters, by wliieh I can show the date of 

 my inventions and discoveries. 



B. ilr. Clark's guide is a large triangle. I 

 tind that such a triangle gives a much less firm 

 support for the combs than one only i of an 

 inch. Ish: Clark used hollow, tubular winter 

 passages, at right-angles to his bars, so that the 

 combs were not moA^able at will. 



C. I have never been willing (o admit that 

 Clark's claim to these guides on bars covers my 

 use of them in movable frames. His original 

 application very clearly shows that he intended 

 to claim them only in his saw kerf combina- 

 tion. 



[For the American Bee Journal.] 



Novice. 



Dear Bee Journal : We taice the liberty, in 

 conse(iueuee of our present location at the exact 

 time, 1) o'clock P. ^M., Nov. 8, 1869, of summon- 

 ing the Editor and all the readers of the Bee 

 Journal, en masse, to examine our new Bee 

 House, just completed, in which we are very 

 comfortably ensconced, now writing. In fact, 

 if the bees find it half as comfortable, they cer- 

 tainly ought not to complain. 



It is a cold, snowy, freezing night outside; yet 

 we are in our shirt sleevt'S, and with the aid of 

 only a very small fire in a " wee bit" of a stove, 

 we have the most even summer temperature; 

 not confined ah- like that of so many rooms. 

 Neither have we any chilling sensation from the 

 walls and corners, so suggestive of coughs and 

 colds at this time of the year, but a qiuet stream 

 of fresh though not cold air from our ventilating 

 arrangement to be presently described. In fact 

 om- "better half" is rather more than "half" 

 disposed to dispute possession of it with the bees \ 



and appropriate it for herself and tlie children, 

 through the coming winter, as being far more 

 pleasant and comfoi'table than any room in our 

 dwtiliiig house. The children already find it an 

 admiralJe play-room, as the walls and even 

 fioor are so clean and warm, they can lie dovvra 

 at pleasm'e, with no fear of the before-mentioned 

 colds, and the ventilator in the floor fm-nishes a 

 rare place for sport with windmills and experi- 

 ments in pneumatics. 



Now, if you are all listening, we will tell you 

 how we built it, and what it cost. 



To commence at the bottom, we had a stone 

 foundation laid, 10 by 14 feet, with two rows of 

 brick on top, with holes in the opposite sides of 

 the wall, by omitting two bricks, to admit air 

 under the house for ventilation. Sills 6 by 10 

 inches, studding I2 by 10 inches, eight feet long, 

 set one foot apart, plates 2 by 6 inches, rafters 2 

 by 3 inches, sleepers Ij by 10 inches; these w-ere 

 raised on blocks, sills and all, high enough for a 

 man to go under to nail boards on the under 

 side, to hold the sawdust under the floor, and 

 then let carefully down on the walls. 

 Best quality of pine siding for outside, and 



