Council Proceedings: January 18, 1898

WILLIAM D. WILLIAMS. W.J.BAILEY.

WILLIAMS & BAILEY, ATTORNEYS AT LAW Rooms 1-2-3 Bell Building, FORT WORTH, - - - Texas

Jan'y.,17,1898.

To the Honorable the Mayor and City Council, Or the City of Forth Worth.

Gentlemen:-

Frank Reynolds and Alozo B. Hunt brought suit against the City of Fort Worth sometime ago in the Circuit Court of the United States for certain improved furnaces. The city is using four furnaces designed in the manner protected by plaintiffs patent. The suit is for injunction and to compel the city to cease using these furnaces and if it were decided in favor of the plaintiffs the City would be compelled to tear down its furnaces and replace them with others and it would also be required to pay the reasonable value of the use of the furnaces for the period during which it has been using them.

If it is possible to defeat plaintiffs claim it can only be done after an expensive investifation by eperts into the novelty of the invention covered by plaintiffs patent. This investiga- tion of scientific books and of the patent office files and of copies of the files of the patent offices of all foreign countries Because of the expense incident to such examination and because its results is uncertain and we cannot know that after it is made we would be able to defeat the suit I entered into correspondence with plaintis attorneys looking toward a compromise. Mayor

WILLIAM D. WILLIAMS. W.J. BAILEY.

WILLIAMS & BAILEY, ATTORNEYS AT LAW. Rooms 1 - 2 - 3 Bell Building, FORT WORTH, - - - TEXAS.

Paddock took this up and carried on the correspondence until a ofer was secured from plaintifs attorneys that plaintiffs would accept $750.00 in full payment for the right to use the furn aces during the entire period covered by their patent and that plaintiffs would upon the payment of that sum dismiss their suit and pay all costs. I believe it for the best interest of the City to accept this offer and to settle accordingly. I understand from Captain Scoble that the furnaces are valuable and effect a great saving in fuel and that the City can better afford to pay the amount asked than to do without the furnaces.

Very respectfully Wm D. Williams City Attorney

[Letter head] Telephones: SUES & CO., Office 1623. H. W. PENNOCK, Legal Dep't 1294. G. W. SUES, Residence 1313. Cable Address: Sues, Omaha.

LEGAL DEPARTMENT SUES, & CO. Attorney and Counselors at Patent Law ROOMS 418 and 420 BEE BUILDING

HENRY W. PENNOCK, Attory and Counselor at Law.

OMAHA, NEB., Jan. 13, 1898. [letter]

William D. Williams, Esq.,

City Attorney, Fort Worth, Texas.

Dear Sir:- In reply to your favor of the 11th inst., I have the same understanding as you with reference to the proposed settlement for $750. The case is to be dismissed at complainants's costs by sti- pulation, a copy of which I enclose herein. The City of Forth Worth is also to have a license to use the four furnaces for the full term of our patent. I have prepared such a license and have encloused a copy herin.

In the event that the CIty Council shall act favorably on this proposition, the license is to be signed by the complaintants and turned over to the City and the cause dismissed as per the within stipulation. The complainants would not of course, consent to an adjudication against them on the merits.

I note what you say about the transfer of the case to Fort Worth, also the fact that the case could not be tried until March. As soon as the Council shall have acted upon this proposition, we shall hope to hear from you definitely on the question of settlement.

Very truly yours,

Henry W. Pennock

Dict. by H. W. P.

In the Circuit Court of the United States

For the Northern District of Texas.

Frank Reynolds and Alonzo B. Hunt, ) ) Complainants ) ) vs. ) STIPULATION. ) The City of Fort Worth, ) ) Defendant. )

It is hereby stipulated by and between the complainants herein and the defendants, by their respective counsel, that whereas there has been a complete settlement of all matters in issue in this cause between the parties, the said cause shall be dismissed by the Court at the costs of the complainants upon the express ground that the same has been settled out of Court. The said order may be obtained from the Court by either party hereto without further notice.

--------------------------------------- Solicitor for complaints.

--------------------------------------- Solictor for Defendent.

LICENSE UNDER PATENT.

WHEREAS, Frank Reynolds, and Alonzo B. Hunt, assignes of an one-half interest, of the City of Omaha, in the County of Douglas, and State of Nebraska, have obtained Letters Patent of the United States for an improvement in Smoke Con- suming Steam Boiler Furnaces, which Letters Patent are numbered 486,167, and dated the 15th day of November, 1892.

AND WHEREAS, the said Frank Reynolds and Alonzo B. Hunt are now the sole owners of said patent and of all the rights under the same;

AND WHEREAS, the City of Fort Worth, in the State of Texas, is desirous of acquiring an interest in the same;

NOW, THEREFOR, in consdieration of the sum of Seven Hun- dred and Fifty Dollars ($750.00) to them in hand paid, the receipt whereof is hereby acknowledged, the said Frank Reynolds and Alonzo B. Hunt So hereby grant unto the said City of Fort Worth, a license and right, to use the four smoke con- suming steam boiler furnaces now constructed and in the water works pumping stration of the City of Fort Worth, for the full remaining term of the said patent, and the said Frank Reynolds and Alonzo B. Hunt also hereby waive all rights to any damages or issues they may have sustained by reason of the use of said furnaces by the City of Fort Worth up to the date hereof.

IN WITNESS WHEREOF we have hereunto set our hands and af- fixed our seals this day of January, 1898.

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In the presence of

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