380 
JUNE 46 
THE 
RURAL NEW-YORKER, 
Conducted by 
ELBERT S. CARMAN. 
Address 
THE RURAL NEW-YORKER, 
No. 84 Park Row. New York. 
SATURDAY, JUNE 16, 1883. 
There arc a number of farmers in our 
neighborhood (Bergen Co., New Jersey), 
that raise strawberries for market. This 
year the first, picking was made the 5th 
inst., and the variety was the Charles 
Downing. The more we see and hear of 
this variety, the more we are inclined to 
regard it as, all things considered, the 
best strawberry in cultivation. 
A NEioirooRiNG farmer planted one 
row of Lima Beans, about 150 feet long, 
dropping the beans in the soil as prepared 
by the hoe. Presumably they, for the most 
part, fell upon their sides. The rest of 
the plot (about a half-acre) was planted 
by carefully placing the “eye” down. It 
is* a matter of surprise to him and to us 
that, the first row in which the beans were 
dropped is notice ably ahead of all the 
other rows. 
--- 
The Yellow-wood (Yirgilia lutea or 
Cladrastis tinctoria) whose praises we sang 
so feelingly a week or so ago, is now 
(June 10) in bloom. To describe the. in¬ 
dividual flower, it is enough to say that it 
resembles that of the pea. These flowers 
are borne in compound racemes which 
average six inches in length and there are 
over 50 flowers to the raceme. The color is 
pure white, A more graceful, beautiful tree 
than our best specimen is at this writing 
we do not remember ever to have seen. 
The officers of the Department of Agri¬ 
culture at Washington, declare that hog 
cholera has been practically exterminated. 
Good news for the farmers of the country, 
if true. It seems that for weeks past un¬ 
successful attempts have been made by 
the Department to secure virus from in¬ 
fected hogs for experimental purposes on 
the place which Dr. D. E. Salmon, D. V. 
M., is superintending. The extirpation 
of hog cholera would save millions a year 
for our farmers, and should it really turn 
out that we have got rid of the plague, 
the greatest precautions should be taken 
everywhere to prevent the recurrence of it. 
AN AMERICAN HORSE SHOW ASSO¬ 
CIATION. 
A numrer of prominent gentlemen in¬ 
terested in the formation of an association 
for the improvement and exhibition of 
horses in America met in this city last 
Thursday. The Committee on Organiza¬ 
tion stated that an examination of the acts 
of the New York Legislature showed that 
the act of 1872, under which driving and 
agricultural associations are enrolled, 
would be the best for the organization of 
the society. Accordingly it was decided 
to form, under this act, an organization to 
he called the National Horse Show Asso¬ 
ciation of America, with a capital of $100,- 
000 in 1,000 shares of $100 each. The 
following officers were elected: President, 
Cornelius Fellowes; Treasurer, II. H. Hol¬ 
lister; Secretary, W. F. Wharton; Direc¬ 
tors, F. Bronson, J. H. Bradford, Law¬ 
rence Kip, E. La Montague, Peter Moller, 
II. W. T. Mali, F. Neilson, IT. J. Nich¬ 
ols, William Jay, E. D. Morgan, A. Tay¬ 
lor, Jr., Beverley Robinson, G. P. Wet- 
more, J. D. Cheever and J. G. K. Duer. 
In addition to the above a long list 
of Vice-Presidents was elected. The 
character and wealth of the men 
moving in the enterprise leave little doubt 
of its success. The first exhibition will 
be held in this city next Fall, hut nothing 
definite as to its character has yet been 
decided upon except that representatives 
of all classes will be on exhibition, from 
the aristocratie Thoroughbred to the stout 
and serviceable Percheron-Norman and 
Clydesdale. Though the first exhibition 
will be held here, if the Association is 
worthy of its name, other exhibitions in 
other years wall be held at the principal 
points throughout the country. 
ANOTHER LARGE SALE OF JERSEYS. 
The third annual public sale of a selec¬ 
tion from the Simpson herd of Jersey cat¬ 
tle, was held June 7, at the homestead 
near Hunt’s Station, within the city limits 
of New York. This herd has been greatly 
celebrated for the Alpliea, Rioter 2d and 
Rex blood it. contains. These are fami¬ 
lies, or strains, of breeding, that have pro¬ 
duced more large butter makers than any 
other when tested by the new standard 
which requires cows to yield not less than 
14 pounds of butter a week. For this 
reason there lias been much curiosity to 
see the outcome of this sale. The morn¬ 
ing of the 7t h brought together a large 
number of the admirers of Jerseys; but 
there was a notable absence of the usual 
number of Western and Southern breed¬ 
ers who had been attending the Spring 
sales. It was evident they bad supplied 
their wants from previous purchases, and 
that this sale would have to rely mainly 
upon local buyers, which the sequel 
proved to be true. 
Nearly every animal was of solid color 
and in superb condition. The old cows 
were mostly heavy milkers, while the 
calves were the offspring of the most cel¬ 
ebrated bulls. Before the sale began, the 
bulls to be reserved in the herd were 
brought out lor inspection. They were 
Rex and Young Mercury. The former is 
an aged bull large and massive in form, 
with a skin remarkably thin and elastic, 
and netted with veins, very suggestive of 
high breeding. The latter is a superb 
animal and docs justice to the pride his 
master takes in him. The development 
of escutcheon on these two bulls is some¬ 
thing to he wondered at. 
Rayon d'Or, which has made so much 
trouble in the Jersey City Cattle Club, a 
magnificent specimen of his breed, here 
found a purchaser. When the sale first 
opened the bidding was very slow and 
some good cattle were sacrificed owing to 
the apparent indifference of the buyers; 
but, after partaking of a sumptuous lunch, 
everyone seemed in a better humor and 
prices improved. The ladies also became 
more numerous in the afternoon and 
possibly added somewhat to the emula¬ 
tion of the bidders. The highest prices 
were paid for the bull Rayon d*Or, $2,- 
550, by Mr. J. T. Boyd, of Brooklyn, and 
the cow. Lady Vertitmnus. $1,000, by Mr. 
John I, Holly, of Plainfield, N. J. * The 
nine bulls sold for an aggregate of $7,375 
and made an average of $819. This 
average was reduced by one of the fash¬ 
ionably-bred young bulls becoming sick, 
and he had to be replaced by a bull calf. 
The cows aggregated $22,905, and the 51 
head made an average of $450. The en¬ 
tire herd of 00 animals sold for $30,340, 
and made the very handsome average of 
$505,00. Considering tho lateness of his 
sale, and the fact that it. followed so 
many large offerings, we think Air. Simp- 
sou may well be satisfied with this general 
average, though he may be somewhat dis¬ 
appointed that some of his choice animals 
did not reach higher figures. 
-♦ * ♦- 
DEFEAT OF THE BARBED-WIRE 
FENCE MONOPOLY. 
A decision of great importance to the 
farmers and stockmen of all parts of the 
country,but especially to those of the West, 
was rendered last Monday, June 4, by 
Judge Treat in the United States Circuit 
Court at St. Louis, in the barbed-wire 
fence patent controversy. Two series of 
cases were passed upon, one involving the 
validity of the patents on the fence; the 
other the validity of the patents on the ma¬ 
chinery for making the fence. The decision 
in the first series is of interest to all who use 
or are likely to use barbed-wire fence; the 
decision in the second series is of interest 
primarily to the manufacturers of the 
fence and secondarily to the users of it, 
inasmuch as a decision adverse to the 
patentees tends to cheapen the production 
and consequently the cost of the article. 
In this case the decision was adverse to 
the patentees on the ground that there 
was no infringement of their patents. 
In the other case the decision is also of 
interest to the general public who never 
use or are likely to use any w ire fence, but 
who suffer from patent taxation in other 
matters, in that it strikes a blow at the 
most grevious souree of patent oppression 
—the improper reissues of patents. 
The earliest barbed-wire fence patent 
was issued in 1867 to one Hunt, and since 
that time the issues and reissues have 
been almost innumerable. All of these t hat 
possessed any merit have,from time to time, 
been acquired by the Washburn &• Moen 
Manufacturing Company, of Worcester, 
Mass., and Isaac L. Ellwood, of Delfalb, 
Ill., and by combining their interests these 
have been enabled to levy an oppressive 
tax on all the barbed-wire fence manufac¬ 
tured in the United States. Of the mul¬ 
titude of patents covering different fea¬ 
tures of barbed-wire fencing that of K elly, 
dated Feb. 11, 1868 and reissued Feb. 8, 
1876, and that of Glidden, a “combina¬ 
tion” patent, dated May 12, 1874, and re¬ 
issued Feb. 8, 1876, are the roost, practical 
and cover the most, points. Indeed, by a 
decision, in the case of naisli and ot hers, 
by the United States Circuit at Chicago, 
a couple of years ago, the Glidden reissue 
was made to cover a “broad claim” for 
every kind of sharp-pointed metal or wore 
fence for the purpose of inflicting wounds 
on animals and preventing them from pass¬ 
ing the hue of the fence. The Washburn 
& Moen Manufacturing Company is the 
sole assignee, of the Kelly patents, and, 
together with Ellwood, is also assignee of 
the Glidden patents, so that this decision 
gave the combination a complete monopo¬ 
ly of all the barbed-wire fencing made in 
the United States. Besides making an 
enormous profit, on the vast quantity of 
fencing manufactured by themselves, they 
issued licenses to other parties permitting 
them to manufacture and vend fences on 
condition that they would pay a royalty 
on all the wire sold and not sell at a lower 
than a stipulated price. Having absolute 
control of the whole business, they were 
able to fix such prices and exact such 
royalty as to yield them princely revenues, 
the royalty alone amounting to between $1, - 
500,000 and $2,000,000 a year. According 
to the estimates of the best qualified judges, 
about 80,000 tons of barbed-wire were 
manufact ured in this country last year— 
a total length of about 500,000 miles of 
wire. Upon this the firms owning the 
patents made, in that single year, in roy¬ 
alty from their licenses ana in extra profits 
in their own business, between $4,000,000 
and $5,000,000! 
Subsequent to the decisions in Chicago 
the Supreme Court of the United States 
rendered two decisions, which, although 
on entirely different subjects, appeared to 
completely overturn the basis on which 
the Chicago decision rested, for they went 
to the principle of the right to embody 
in a reissue of a patent matter not ex¬ 
pressly claimed in* the original patent, 
and also ruled that no undue delay should 
occur in making the needed corrections 
on account, of which reissues are granted; 
for it is distinctly provided by the Patent 
Laws that a reissue of a patent shall lie 
granted only wdieu the “patent is inop¬ 
erative or invalid by mason of a defective 
or insufficient specification,” wdiere “the 
error lias arisen by inadvertence, accident 
or mistake, and without any fraudulent or 
deceptive intention”—“but no newmatter 
shall be introduced into the specification.” 
These decisions of the Supreme Court set 
inquiry on foot as to the validity of the 
reissues of the Kelly and Glidden patents, 
and the result was the conviction that 
they were invalid. Accordingly factories 
were established both in Tovva and St. 
Louis for the manufacture of barbed wire 
in opposition to the Washburn & Moen 
monopolists. Bulls for infringement were 
instituted first against the Iowa manufac¬ 
turers, who are supported by the State 
Grange, an injunction being asked for to 
restrain them from further operations. 
The cases were argued lost Winter at. 
Keokuk before Circuit Judge McCrary 
and District Judge Love, and a decision 
was reserved. Subsequently eight suits 
in all were brought against Henry Fuchs, 
the Simmons Hardware Company and 
others; John W. Gates and the Simmons 
Hardware Company alone, the St. Louis 
manufacturers, and it is these cases that 
w r ere decided last Monday. In some of 
these with regard to fencing the validity 
of the Kelly patents was involved; in 
others that of the Glidden patents; while 
it was charged that the Ross and Stevens 
patents had been infringed in making the 
machinery for manufacturing the wire. 
The question on both sides was ably 
argued, and the opinion of tho Court—a 
copy of which is now before us—is of un¬ 
usual length. The conclusions reached, 
however, arc that the Kelly reissue is inval¬ 
id not only because “it is broader than the 
original invention;” but also because “of 
the laches of the patentee,” in delaying 
too long to correct any “allegedmistake.” 
Indeed, as the Court says, “it evidently 
was intended to cover subsequent inven¬ 
tions of others.” Of the Glidden reissue 
Judge Treat remarks, “it is impossible to 
read it without observing that it was 
broadly expanded to cover what was not 
even hinted at, or in anywise suggested, 
in the specifications of the original patent 
or in the claim thereof.” Tt appeared to 
the Court “that the reissued Glidden 
patent was an entirely different invention 
to that claimed in the original patent,” and 
that Glidden “was fully aware of that 
fact.” In speaking of reissues of “com¬ 
bination” patents, in which several de¬ 
vices, some of which may have been 
already patented, form a novel combina¬ 
tion, the Judge said—“the reissue must he 
confined to the original combination and 
cannot, be exchanged to make a new com¬ 
bination by the introduction therein of 
devices, new or old, not included in or 
suggested by the original;” therefore “the 
several motions for preliminary injunc¬ 
tions are overruled.” 
The effect of this decision will he to 
cheapen barbed-wire fence by removing 
all restrictions on its manufacture, except, 
within the jurisdiction of the Circuit Court 
which supported the patents at Chicago; 
for when the IT. S. Circuit Courts differ 
in their interpretation of the law r or of the 
facts, the decision of each holds good 
within the limits of its jurisdiction until 
the question has been definitely settled by 
the United States Supreme Court. Chief 
Justice Waite says the Supreme Court is 
three years behind in its work, and it is 
impossible for the Court to consider more 
than 400 cases annually, while a much 
greater number are filed. When this case 
is appealed, therefore—as it is sure to he— 
when may a decision be expected? For 
years the farmers and stockmen of the 
country — yes, and every person who 
owned a rod of barbed fence—have been 
outrageously taxed by this huge monop¬ 
oly; are these taxes to be refunded when 
the invalidity of the pretext on which they 
were exacted shall be finally determined? 
BREVITIES. 
June— the month of weeds. 
It is rather dry at the Rural Grounds and 
oats have suffered. 
Prepare the bags for “bagging grapes” as 
shown in the Rural of April 21. 
Again King of the Earlies gives us our first 
ripe strawberries. Tho plants are hardy, 
thrifty and productive. 
The “ Value of a Pedigree/' as promised 
last Fall, is well discussed by Prof. Morrow, 
of Illinois, on the first page. 
Read the “ Poultry Yard ” this week. Mr. 
I. K. Felch is one of our first poultry authori¬ 
ties and he writes from a long experience. 
When your implements are so out-of-repair 
that you can neither afford to repair nor to 
use them—then it is time to purchase new im¬ 
plements. 
Now if you wish to raise extra-sized cab¬ 
bages, melons, beets, pumpkins, or in fact 
fiants or fruits of almost every kind, use 
iejuid manure. 
We have spent several horn's of every day 
during the past week in crossing wheats, ff 
one wishes to acquire patience, we know of 
no better process. 
Gen. Clay, on another page, says: “ I am 
not at all convinced that ensilage is practi¬ 
cally useful. I give my opinion. I have never 
tried it and I never will.” 
Homer Davis, of Cheshire Co., N. H., 
writes: “1 shall take the Rural newspaper as 
long as I draw an ’agricultural breath.’ It is 
the best agricultural paper printed.” 
The Editor of our excellent contemporary, 
the New England Homestead, writes us, under 
date of June 1st: “Wo are delighted with 
the enterprising spirit of the Rural and its 
general excellence.” 
G. W. Tntrr, of Wisconsin, writes us that 
his Argenteuil Asparagus, from seeds sent out 
by tho Rural three years ago, is much finer- 
flavored than any other of the three varieties 
that ho is cultivating. 
Our friend “Uncle Waldo” (Waldo F.Brown) 
is engaged for tho next seven months in writ¬ 
ing and editing a large book on agriculture. 
He will not be able, therefore, to continue his 
contributions to the Rural New-Yorker 
until after that period. 
Sir J. B. Lawek remarks that “seasons 
have a much great*.# influence for good or 
evil where high farming prevails, and artifi¬ 
cial manures have Introduced a new element 
into our calculations.” “A second application 
of the same manure to a particular soil may 
produce a very different result.” 
Mr. E. H. Libby, the founder of the 
Scientific Fanner and Land and Home, and 
now engaged by Hiram Sibley & Co. as an 
agricultural specialist, writes, under date of 
May 31: “Yon are certainly making a very 
beautiful and valuable paper. You nre prov¬ 
ing that high quality is not inconsistent with 
success.” 
Under date of May SO the Albion Manufac¬ 
turing Co., of Albion, Mich,, write: “We 
take much pleasure in handing you our draft 
for $227.50, in payment, of our advertisement 
in the Rural. We admire the paper very 
much for its fearlessness, and practical treat * 
montof current topics, and regard it ns one 
of the very best advertising mediums.” 
Be cheerful. Be kind to your help. They 
will respect you for it and work the harder. 
Retire early. Take a good rest after dinner, 
no matter’ how- pressing the work may be. 
After working and perspiring all day, do not 
sit down to rest and cool yourself in a breezy 
place. Colds, rheumatism and malaria are 
contracted in this way. it is better first to 
strip off tho damp clothing, rub the body and 
put on dry clothing. 
II. E. Hooker. —In the death of this estim. 
able gentleman, w hich occurred at Rochester, 
N, Y., April 12. notice of which has just met 
our eye, tlv* cause of horticulture sustains a 
severe loss, and the community has lost a 
valuable citizen. As a careful, cautions and 
painstaking nureervuiuu, Mr. 1 looker stood in 
the front rank, and his candid, conscientious 
and discriminating judgment regarding tho 
merits of fruits rendered his opinions of grant 
value and much sought after. His estimate 
of the Brighton Grape proves (Ins. and his in¬ 
troduction and dissemination of this alone has 
reared for him in the hearts and memory of 
horticulturists a monument that will endure 
for years to come. May we who survive 
, lerish his memory and emulate his virtues. 
