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October 5th, 1881.
57
THE MUSICAL CRITIC AND TRADE REVIEW.
DOMESTIC
YOL. Y.
-AJSTD F O R E I G N
NEW YORK, OCTOBER 5TH, 1881.
TRADE.
No.
The man who does not advertise has it known or used by others before his invention there-
of, and which at the time of his said application had
done tor him finally under the head of not been in public use or on sale with his consent or
INCE our last issue the period of hope for the
allowance contrary to the requisitions of law in
President came to an untimely end by his " failures in business."
that behalf; and that thereupon, after due proceed-
decease at Elberon on Monday, Sep. 19th, and
ings in all respects according to the statutes in such
there has never been an occasion, not even on the
case made and provided, letters-patent of the United
death of the lamented Lincoln, when our cities
States, numbered 81,306, dated ihe 18th day of
WAR! WAR!
August, in the year 1868, signed by the Secretary of
were more profusely hung with mourning em-
the Interior and countersigned by the Commissioner
blems, wherein the music trade of New York city
of Patents, were issued under the seal of the Patent
and Boston took a prominent part, the drapery
PATENT SUITS INAUGURATED.
Office and delivered unto your orator, the said
on Steinway Hall and the Smith American Organ
Christian F. Theodore Steinway, therein named
Company's building being particularly noticeable
Steinway, whereby were granted to him,
MESSRS. STEINWAY & SONS, AND MESSRS. STECK & Theodore
for good taste and effectiveness.
his executors, administrators or assigns, for the
The circumstances which mainly appeal to the Co. TAKING A DECIDED STAND.—POSITION OF term of seventeen years, from the said date thereof,
feelings of his fellow citizens in President Garfleld's THE EMERSON PIANO CO. AND OTHER BOSTON the full and exclusive right and liberty of making,
using and vending to others to be used, the said im-
case, are the want of provocation displayed by the MAKERS IN THE MATTER.
provement, of which a description was given in the
wretch who fired the fatal shot, and the long and
heroically-borne sufferings which that shot entail- r I iHE Emerson Piano Company, of Boston, have copy of the specification thereto annexed.
ed. There is also the consideration that Garfield JL been sued by Messrs. Steinway &Sons, of New That afterward, and before the 26th day of Octo-
had led a life- of hard work and struggle, had York city, for an infringement of their patent ber, in the year 1877, by virtue of certain instru-
mounted one round of the ladder of politics after upright action, and by Messrs. Geo. Steck & Co. ments of assignment in writing, and duly recorded
another, when just as he had reached the topmost for an infringement of their patent iron frame. in the Patent Office, the said invention and letters-
became vested in your orators, the said
round, the goal of all his aspirations, and was about Messrs. Steinway & Sons have heretofore brought patent
Christian F. Theodore Steinway and William Stein-
to show the country how the important office of suits against Albert Weber and J. P. Hale for way,
as the legal owners thereof.
Chief Magistrate should be worthily filled, making similar infringements of their upright action
fame for himself and good government for his coun- patent, which suits were settled in the case of the That afterward, on or about the 26th day of Octo-
try, the pistol of the assassin was fired and Garfield former by his death and the consequent necessity ber, in the year 1877, your orators having found the
to be inoperative by reason of a
deprived of his opportunity and his reward. He of a new suit, and in the case of the latter by an said letters-patent
specification, made application in due form
had. been too short a time in office for a well-mark- amicable adjustment. An amicable settlement has defective
of
law
to
the
Commissioner
of Patents for a reissue
ed policy to be defined, and although the people also been made in this matter between Messrs. of the same to correct errors
which had arisen by
throughout the country had great confidence in Steinway & Sons and Henry F. Miller, of Boston. inadvertence, accident or mistake, and without any
his ability to reform abuses in the government, he
fraudulent or deceptive intention, and that upon due
had not time to do more than gather his lieuten- On this occasion the case seems likely to come proceedings being had in conformity of the require-
to
a
judicial
decision
as
Messrs.
Steinway
&
Sons
ments of the statutes in such case made and provid-
ants around him and lay out his work.
declare their intention to prosecute it vigorously
the said letters-patent were surrendered and new
Although, as we have said, he was defrauded of and The Emerson Piano Company state that they ed,
letters-patent of the United States, numbered 7,950,
his opportunity, and "upon his life a damned intend to really defend the case and not to make a of reissues dated the 13th day of November, in the
defeat was made," and although he suffered for settlement unless the case goes against them, the year 1877, signed by the Secretary of the Interior and
many weary weeks before he died, yet his protract- chief point in their defence being, we believe, countersigned by the Commissioner of Patents, were
ed illness and death had this use, if nothing priority of invention, claiming the use in German issued under the seal of the Patent Office and deliv-
more ; his long suffering was a course of prepara- factories of the upright action before the date of ered unto your orators for the same invention, in
accordance with the corrected specification ; whereby
tion in men's minds for the shock of his death, the Steinway patent.
which, coming as it did, caused no shock to the Mr. Geo. W. Carter, of the Emerson Company, was granted to them, their heirs or assigns, for the
unexpired residue of the term of the original letters-
commercial prosperity of his country, whereas, had
to our Boston reporter recently: " Even if the patent aforesaid, No. 81,306, the exclusive right to
it taken place on the day of the assassination, it said
case
is
decided
against
us
we
will
benefit
to
a
cer-
make, use and vend the said invention throughout
might have resulted in serious evil to the community. tain extent by the publicity given to our instru- the
United States and the Territories thereof.
His death has served another purpose; it has (and ments, and also the acknowledgment by Steinway That afterward, on or about the 21st day of Octo-
it seems, from the talk which we often hear from & Sons in their complaint that the sale of the ber, in the year 1879, your orators having found the
men, to have been needed), furnished a final and Emerson Piano has interfered with the sale of said letters-patent, reissue No. 7,950, to be inoper-
convincing proof to the people of these United the Steinway Piano. The Messrs. Steinway place ative by reason of a defective specification, made
States, and to those of other countries, of the sta our piano on a higher level than even we ourselves application in due form of law to the Commissioner
bility of a republican form of government like have claimed for it."
of Patents for a reissue of thesame to correct errors^
ours. After this what further test is needed ? We Messrs. Steinway & Sons state that they do not which had arisen by inadvertence, accident or mis-
have been tested by the most tremendous civil care to try the case in the newspapers, but have the take, and without any fraudulent or deceptive inten-
war that ever raged in any country ; we have had utmost confidence in their cause, and have no tion ; and that upon due proceedings being had in
one President assassinated at the close of a great doubt of the way in which it will be ultimately conformity to the requirements of the statutes in-
such case made and provided, the said letters-patent,
war when the passions of men were still turbulent decided.
reissue No. 7,950, were surrendered and new letters-
from the conflict, and now we have gone through
of the United States, numbered 9,012, of
the ordeal of a second assassination. The country THE COMPLAINT IN THE EMERSON PIANO CO. CASE. patent
reissues dated the 30th day of December, in the year
passed through the war without a rent remaining The following is a copy of the complaint which 1879, signed by the Secretary of the Interior and
in its flag ; it lost Lincoln at the close of the war
by the Commissioner of Patents, were
been served upon the Emerson Piano Co., of countersigned
without a shock to the government, and now that has
issued under the seal of the Patent Office and deliv-
Boston,
by
Messrs.
Steinway
&
Sons
:—
ered unto your orators for the same invention, in ac-
Garfield is at rest, Arthur takes his seat without
cordance with the corrected specification, whereby
a murmur being heard. Truly our sadness has
CIRCUIT COURT OF THE UNITED STATES.
was granted to them, their heirs or assigns, for the
no tinge of fear here '' not Amurath to Amurath
District of Massachusetts.
unexpired residue of the term of the original letters-
succeeds; but Harry, Harry."
In Equity.
patent aforesaid, No. 81,306, the exclusive right to
The prominent traits of President Garfield were
C. F. T. STEINWAY et al.
make, use and vend the said invention throughout
the United States and the Territories thereof.
v.
simplicity and force of character, these are what
GEORGE W. CARTER et al
carried him up from the lowest position in the
All of which will more fully appear by the said
land to the highest; and at a time when wealth is To the Honorable the Judges of the I) Circuit Court letters-patent, reissue No. 9,012, or by a copy of the
accumulating, and men are decaying, he should be of the United States within and for the District of same duly certified from the records of the Patent
an example to the young men of our cities, (who Massachusetts :
Office, and in this Court to be produced as your
are too often gilded youth without an object), and Christian F. Theodore Steiuwayand "William Stein- Honor may direct.
way,
both
of
the
city,
county
and
State
of
New
York,
That the invention aforesaid set forth in the cor-
serve to put some purpose in their lives.
citizens thereof, bring this their bill of com- rected specification of the amended letters-patent,
We cannot help believing that for him who so and
plaint
against
George
W.
Carter,
Patrick
H.
Powers,
reissue
No. 9,012, has hitherto been and still is of
untimely died, with so much work that he was Orrin A. Kimball and Joseph Gramer, all of Boston, very great
value and importance; that your orator,
fitted to do, undone, there must be an opportunity in the said District of Massachusetts, doing business the said Christian
F. Theodore Steinway, has always
offered in some other sphere of existence hereafter therein as co-partners under the name of the Emerson been and still continues
to be widely and publicly
to complete it. In the words of one of the greatest Piano Company.
known and acknowledged to be the original and
of poets,
first inventor thereof; thatsince its promulgation by
And thereupon your orators complain and say :
That before the 18th day of August, in the year the issue of the said original letters-patent it has
He is gone who seemed so great;
1868, your orator, the said Christian F. Theodore been extensively employed by your orators and their
Gone, but nothing can bereave him
Steinway, beine: the original and first inventor of a licensees, doing business under the well-known name
Of the force he made his own
certain new and useful improvement in pianofortes, of Steinway & Sons; that many thousand piano-
Being here; and we believe him,
made application in due form of law to the Commis- fortes, embracing and embodying the said invention,
Something far advanced in state,
sioner of Patents of the United States for the grant hive been manulactured, sold and introduced into
And that he wears a truer crown
letters-patent securing to him the exclusive prop- public use by your orators and their said licensees;
Than aught that human hands could weave him. of
erty in the said improvement, which had not been that such pianofortes have, by reason of the said in-
PRESIDENT GARFIELD.
S
1