THE AMERICAN BEE JOURNAL. 



135 



[For the American Bee Journal .] 



Pacts. 



In the November number of the Journal it 

 was editorially stated that the "Kidder Hive" 

 had been declared an infringement on L. L. 

 Langstroth's Patent, in a suit in the United 

 States Court, for the Northern District of New 

 York. In the December number, page 117, 

 I am surprised to see that the editor finds he 

 ■was under a wrong impression when he made 

 that statement. It also appears that friend 

 Gallup, to use his own term, was a "putty head" 

 in thinking the editor was right, although he 

 must have other sources of information, as he 

 quotes names, dates, and locality in regard to 

 the decision which the December number in- 

 forms us was never rendered. Had this infor- 

 mation reached me "in time," I "should have 

 made the necessary correction" of the state- 

 ments in the November number, as I think no 

 cause is ever benefitted by any, even innocent 

 mistatements of facts. But, I was under the 

 same impression with Mr. Gallup, and, as the 

 December Journal upsets my previous notions 

 on this subject, I am moved to ask the publica- 

 tion of the following : 



U. S. CIRBUIT COURT, \ r „ ., 



Northern District New York. ) in ^1 uu y- 

 ROSWELL C. OTIS vs. CHARLES AUSTIN. 



This writ having been duly brought to a 

 final hearing upon pleadings and proofs, it is 

 found and hereby ordered, adjudged, and de- 

 creed by the court, that the re-issued "Letters 

 patent" on which this suit is brought, for im- 

 provements in bee-hives, issued by the United 

 States to Lorenzo L. Langstroth, dated the 26th 

 day of May' 1863, is a good and valid patent, 

 and that said Langstroth was the first and orig- 

 inal inventor of the improvements secured by 

 said re-issued patent; and that said complainant, 

 Roswell C. Otis is the owner of said patent, and 

 among other places in and for the count}- of 

 Wyoming, in the State of New York; and that 

 the defendant Charles Austin, has infringed 

 upon said patent, and upon the rights of the 

 Complainant under and by virtue of the same, 

 in that said defendant has used movable comb 

 frames of bee-hives, constructed and adjusted 

 in such manner that when placed in a hive or 

 case the sides and bottoms of the frames are 

 kept at suitable distance from each other and 

 from the case, and are separated from each 

 other at their tops, substantially as specified in 

 the first claim of the re-issued patent granted by 

 the United States to Lorenzo L. Langstroth 

 dated the 26th of May, 1863, and that said de- 

 fendant has used movable comb frames con- 

 structed and adjusted in such manner that when 

 they are inserted in the hive the distances be- 

 tween them may be regulated at will substan- 

 tially the same as specified in the second claim 

 of said patent. 



It is further ordered, adjudged and decreed 

 that the complainant do recover of said defendant 

 the profits, gains and advantages which said 

 defendant has received, or which have accrued 

 to him from the use of bee-hives containing 

 said improvements. 



It is further ordered, adjudged and decreed 

 that said complainant recover of said defendant 

 his costs, charges and disbursements to this suit, 

 to be taxed. 



It is further ordered, adjudged and decreed 

 that it be referred to one of the masters of this 

 court to ascertain, and take and state and report 

 to the court an account of the gains, advantages 

 and profits which said defendant has recen ed, 

 or which have arisen or accrued to him from 

 infringing such patent by the use of the improve- 

 ments specified in the first and second claims of 

 said patent. 



It is further ordered, adjudged and decreed 

 that the complainant, on such accounting, have 

 the right to cause an examination of said defen- 

 dant ; and also the production of his books, 

 vouchers and documents, and that he attend for 

 such purposes before said master, from time to 

 time, as said master shall direct. 



It is further ordered, adjudged and decreed 

 that a perpetual injunction be issued in this suit 

 against the defendant, restraining from further 

 infringement of said patent to, and in accord- 

 ance with the prayer of the bill of complaint in 

 suit. Wm. D. SnirjiAN, Judge. 



Dated Utica, March 21st, 1866. 



(A true copy.) 



Witness my hand and seal of said Circuit 

 Court at Utica, this 21st day of March. A. D., 

 1866. Aug. A. Eoyce, Clerk. 



Now, it seems to me that this is a "decision" 

 within the ordinary interpretation of that word, 

 although the language is "ordered, adjudged and 

 decreed." Being an interested party, however, 

 I will leave it to Gallup, who, as far as I know, 

 has no interest in either patent. It only remains 

 to ascertain what kind of a hive Charles Austin 

 used, which was decreed to be an infringement 

 on the Langstroth Patent. To do this let us see 

 what another interested party says, in a flaming 

 circular, headed $500 reward. I quote from 

 said circular : 



"Mr. Otis commenced a suit, in the Northern 

 District of New York, against Mr. Charles 

 Austin, of Wyoming county, N. Y., having my 

 hive in use. This suit I am now defending. * * 

 * * * And, furthermore, no person buying 

 individual or territorial rights is obliged to pay 

 one cent for any claim or devise their [Lang- 

 stroth and assigns. J. T. L. ] Patent covers, — 

 as I am prepared to show, if they will let this 

 suit come to a trial ; this will show which of the 

 parties is best entitled to the use of a movable 

 comb hive. * * * * 



{Signed,) II. P. Kidder, 

 June 20, 1865. Burlington, Vt. 



The italics in the first two sentences quoted 

 are mine; the rest are his own. 



It seems to me that Gallup and myself were 

 excusable ; he in his statement, and 1 in my ne- 

 glect to contradict the November Journal's 

 editorial statement. If not, please let the public 

 have the benefit of the information now in pos- 

 session of the editor. 



J. T. Langstroth. 



Oxford, Butler co., Ohio, Dec. 3, 1858. 



