In 1914, Orville Wright had bought the stock of all other shareholders

in The Wright Co., except that of his friend, Robert J. Collier, who,

for sentimental reason, wished to retain his interest. Orville’s motive

in acquiring almost complete ownership of the company had been as a

step toward getting entirely out of business. Both he and Wilbur Wright

had agreed to stay with the company for a period of years, not yet

expired, and he could not honorably dispose of his own holdings so long

as those with whom he had made the agreement were still in the company.

But almost immediately after buying the shares of the others, he let it

be known that he might be willing to sell his entire interest. To this,

Collier, the only other shareholder, agreed. In 1915, Orville received

an offer and gave an option to a small group of eastern capitalists

that included William Boyce Thompson and Frank Manville, the latter

president of the Johns-Manville Co. The deal was closed in October,

1915.

Just after Orville had given his option to the eastern syndicate,

Robert J. Collier came to tell him an important piece of news, and to

urge him not to sell just yet.

Collier had been having some talks with his friend, the wealthy Harry

Payne Whitney, and had urged upon him the idea of doing what Collier

thought would be a wonderful piece of philanthropy that would mean

much for the future of aviation in the United States. What Collier

wanted him to do was to buy the stock of The Wright Co., thus gaining

ownership of the Wright patents, and then immediately make the patents

free to anyone in the United States who wished to manufacture airplanes.

Whitney was willing to carry out the Collier suggestion. To do so he

was also ready to pay more for the stock of The Wright Co. than the

syndicate had offered.

But Orville explained to Collier that the option already given was

legally drawn and the holders presumably wished to exercise it.

Collier’s daring idea and Whitney’s generous acceptance of it had come

just a little too late.

XVIII

PATENT SUITS

The Wrights had found that patents covering the basic features of

their invention were not enough protection against infringers. Indeed,

having the technical details on file in the Patent Office, where anyone

who desired might see them, was, in a way, to the advantage of those

who would help themselves to an inventor’s work and ideas. Only a

decision in the courts could determine the justice of an inventor’s

claims. But the courts work slowly and legal procedure is expensive.

Except for their good fortune--never contemplated when they started--in

realizing substantial sums from their invention, the brothers might

not have been financially able to carry on the fight that finally gave

them world-wide recognition as the first to contrive a successful

flying-machine.

Altogether the brothers had active part in a dozen different suits in

the United States against infringers--and there were suits in France

and Germany in each of which about a dozen infringers were involved.

Most of the suits in the United States did not go beyond the early

stages, as the infringers were not disposed to continue after a

preliminary injunction had been issued. But three suits were of special

importance. One of these was against Louis Paulhan, French aviator,

who was about to give exhibitions in the United States, using planes

made in France. Another was against Claude Grahame-White, English

aviator, also about to give exhibitions in the United States with

planes that infringed the Wright patents. The most important suit of

all was against the Herring-Curtiss Co. and Glenn H. Curtiss. This

case was bitterly contested and was carried up to the U. S. Court of

Appeals. It was brought by the Wright brothers, late in 1909, but

The Wright Co., formed shortly afterward, succeeded the brothers as

complainants.

Because of the importance of this suit in aviation history, it is worth

while to examine the background of the relations between the Wrights

and Glenn Curtiss. The Wrights’ personal acquaintance with Curtiss

began in May, 1906, when he wrote to them in regard to the light motors

of which he was a manufacturer. Then in early September, 1906, Curtiss

visited the Wright office and workshop. He was brought there by his

friend, Captain Thomas S. Baldwin, a well-known aeronaut, who was

giving exhibition flights in Dayton with his dirigible balloon on which

he used a motor he had persuaded Curtiss to build for him. It was to

make repairs on that motor that Curtiss had come to Dayton.

After that meeting, the four men, Curtiss, Baldwin, and the Wrights,

were together much of the time for several days. When in response to

questions about their work, the Wrights showed a number of photographs

of their flights made at the Huffman pasture during the two previous

years, Curtiss seemed much astonished. He remarked that it was the

first time he had been able to believe anyone had actually been in the

air with a flying-machine.

Long afterward, in an interview in the New York _Times_ (February 28,

1914), Baldwin recalled the many talks he and Glenn Curtiss had with

the Wrights in that fall of 1906. “I sometimes suggested to Curtiss,”

Baldwin told the interviewer, “that he was asking too many questions,

but he kept right on. The Wrights had the frankness of schoolboys in

it all and had a rare confidence in us. I am sure Curtiss at that time

never thought of taking up flying.”

A year after the Wrights’ first meetings with Curtiss, in October,

1907, the Aerial Experiment Association was formed by Alexander Graham

Bell and others, with headquarters first in Nova Scotia and later

at Hammondsport, N. Y., where Curtiss lived. He became “Director

of Experiments.” This was the first time Curtiss had been directly

connected with aviation except as a manufacturer of motors, and three

months later, a letter he wrote to the Wrights indicated that motors

rather than aviation were still his chief interest. “I just wish to

keep in touch with you,” he wrote, “and let you know that we have been

making considerable progress in engine construction.” After listing

and describing the various engines he was building, he proposed to

furnish to the Wrights “gratis” one of his fifty-horsepower engines.

But the offer was not accepted. The letter mentioned that Captain

Baldwin was a “permanent fixture in this establishment”--a fact not

without importance, considering information that Baldwin was later to

reveal. Further on in the letter, Curtiss told of Dr. Bell’s reading

to the members of the Aerial Experiment Association the United States

Government’s specifications for the purchase of a flying-machine, and

added: “You, of course, are the only persons who could come anywhere

near doing what is required.”

About a fortnight after receipt of that letter from Curtiss, the

Wrights got another letter dated January 15, 1908, written on Aerial

Experiment Association stationery, and signed by Lieutenant T.

Selfridge, whose name appeared on the letterhead as secretary of the

association. (This was the same Selfridge who was killed a few months

later in the tragic airplane accident at Fort Myer.) In that letter,

Selfridge, on behalf of the Experiment Association, said:

I am taking the liberty of writing you and asking your advice

on certain points connected with gliding experiments, or rather

glider construction, which we started here last Monday.

Will you kindly tell me what results you obtained on the travel

of the center of pressure both on aerocurves and aeroplanes?

Also, what is a good, efficient method of constructing the

ribs of the surfaces so that they will be light and yet strong

enough to maintain their curvature under ordinary conditions,

and a good means of fastening them to the cloth and upper

lateral cords of the frame?

I hope I am not imposing too much by asking you these questions.

Supposing the information would be used only for scientific purposes,

the Wrights obligingly replied at once as follows:

You will find much of the information you desire in the

addresses of our Mr. Wilbur Wright before the Western Society

of Engineers, published in the Journals of the Society of

December, 1901, and August, 1903.

The travel of the center of pressure on aeroplanes is from

the center at 90 degrees, toward the front edge as the angle

becomes smaller. The center of pressure on a curved surface is

approximately at its center at 90 degrees, moves forward as the

angle is decreased until a critical angle is reached, after

which it reverses, and moves toward the rear edge. The critical

angle varies for different shaped curves, but is generally

reached at some angle between 12 and 18 degrees. With the

angles used in gliding flight the travel will be between the

center of the surface and a point one-third back from the front

edge.

The methods of construction used in our gliders are fully

described in an article by Mr. Chanute in the _Revue des

Sciences_ in 1903 (we do not remember the month) and in the

specifications of our United States patent, No. 821,393.

The ribs of our gliders were made of second growth ash, steamed

and bent to shape.

Selfridge replied in a few days saying he had been able to obtain a

copy of the patent and would endeavor to get the other references the

Wrights had supplied.

The data must have been useful to the Aerial Experiment Association for

early the following summer, Glenn Curtiss, “Director of Experiments”

had a power-driven airplane, called the “June Bug,” in which he

made a flight on July 4, 1908, at Hammondsport. That flight created

the belief in the minds of many who were not fully informed that

the Aerial Experiment Association must have done an amazing job of

original research. This belief was encouraged by the fact that after

the Aerial Experiment Association began building and experimenting

with flying-machines, using much information they had obtained from the

Wrights, they neglected, in public statements about their work, to so

much as mention the Wright brothers.

Soon after the report of the flight of the “June Bug,” there appeared

in the press a statement that the Aerial Experiment Association was

disbanding, and that Glenn H. Curtiss was going to engage in exhibition

flying. That news led Orville Wright to send to Curtiss the following

letter:

I learn from the _Scientific American_ that your “June Bug”

has movable surfaces at the tips of the wings, adjustable to

different angles on the right and left sides for maintaining

the lateral balance. In our letter to Lieutenant Selfridge of

January 18th, replying to his of the 15th, in which he asked

for information on the construction of flyers, we referred

him to several publications containing descriptions of the

structural features of our machines, and to our U. S. patent

No. 821,393. We did not intend, of course, to give permission

to use the patented features of our machine for exhibitions or

in a commercial way.

This patent broadly covers the combination of sustaining

surfaces to the right and left of the center of a

flying-machine adjustable to different angles, with vertical

surfaces adjustable to correct inequalities in the horizontal

resistances of the differently adjusted wings. Claim 14 of our

patent No. 821,393 specifically covers the combination which

we are informed you are using. We believe it will be very

difficult to develop a successful machine without the use of

some of the features covered in this patent.

The commercial part of our business is taking so much of

our time that we have not been able to undertake public

exhibitions. If it is your desire to enter the exhibition

business, we would be glad to take up the matter of a license

to operate under our patents for that purpose.

Curtiss replied that, contrary to newspaper reports, he did not expect

to do anything in the way of exhibitions; that his flights had been in

connection with the Aerial Experiment Association’s work. The matter

of the patents he had referred, he said, to the Secretary of the

Association.

A few weeks later, when Orville went to Washington in preparation for

the Fort Myer tests of the Wright machine, Captain Baldwin was there

teaching Army officers to operate a new dirigible balloon for which

Curtiss had furnished the motor. In speaking of the experiments in

aviation being carried on by Curtiss and other members of the Aerial

Experiment Association at Hammondsport, Baldwin said warningly to

Orville: “I hear them talking.” He went on to caution Orville that the

work those men were doing would infringe the Wright patents.

By the following year, Curtiss had formed a commercial company, The

Herring-Curtiss Co., to make or exhibit airplanes.

On January 3, 1910, Judge John R. Hazel, of the Federal Circuit Court,

at Buffalo, New York, granted a temporary restraining order against

The Herring-Curtiss Co. and Glenn H. Curtiss to prevent them from

infringement of the Wright patents. In handing down his decision, Judge

Hazel said:

It appears that the defendant Curtiss had notice of the success

of the Wright machine, and that a patent had been issued

in 1906. Indeed, no one interfered with the rights of the

patentees by constructing machines similar to theirs until

in July, 1908, when Curtiss exhibited a flying-machine which

he called “The June Bug.” He was immediately notified by the

patentees that such machine, with its movable surfaces at the

tips, or wings, infringed the patent in suit, and he replied

that he did not intend to publicly exhibit the machine for

profit, but merely was engaged in exhibiting it for scientific

purposes as a member of the Aerial Experiment Association.

To this the patentees did not object. Subsequently, however,

the machine, with supplementary planes placed midway between

the upper and lower aeroplanes, was publicly exhibited by

the defendant corporation, and used by Curtiss in aerial

flights for prizes and emoluments. It further appears that

the defendants now threaten to continue such use for gain

and profit, and to engage in the manufacture and sale of

such infringing machine, thereby becoming an active rival of

complainant in the business of constructing flying-machines

embodying the claims in suit, but such use of the infringing

machine it is the duty of this Court on the papers presented to

enjoin.

Then, in February, 1910, Judge Learned Hand, in the Federal Circuit

Court, at New York, issued an injunction to prevent the French aviator,

Louis Paulhan, from making exhibitions in the United States unless he

would put up an indemnity to the amount of $25,000. The Court declared

that both the Bleriot and Farman planes that the defendant was planning

to use were infringements of the Wright patents.

Not until January 13, 1914, did the U. S. Circuit Court of Appeals hand

down its decision in the Wright suit against Curtiss. The decision was

in favor of The Wright Co.

In his interview in the New York _Times_, already quoted from,

published in the New York _Times_, February 28, 1914, Captain Thomas

S. Baldwin, though a close associate of Curtiss, heartily endorsed the

final decision in the Wright _vs._ Curtiss case. Referring to that

decision he told the interviewer:

“It is high time for all the rest of us to step up and admit that not a

one of us ever would have got off the ground in flight if the Wrights

had not unlocked the secret for us.

“I want to go on record as saying that the Wrights are fully entitled

to the decision they have at last received....

“Mr. Curtiss is a friend of mine today,” said Baldwin, “and I have

served in his companies as a director. But it is due to the Wrights as

a simple matter of justice to have the story of the actual genesis of

flight fully established.”

By that time, Captain Baldwin had abandoned the dirigible balloon for

the airplane, and thus he, too, had been an infringer of the Wright

patent. But as his public statements indicated, he showed an attitude

quite different from that of most other infringers. Glenn Martin was

another, like Baldwin, who acknowledged indebtedness to the Wrights.

After the Wrights had won their important suit against Curtiss in the

Circuit Court of Appeals, Curtiss made no secret of the fact that

he still hoped to find a possible loophole to get around the Wright

patent. Since the decision of the Court enjoined him from using two

ailerons operating simultaneously in opposite directions, he thought

perhaps he could escape penalty by using just one aileron at a time,

while the other remained inoperative. This, however, was covered

by Claim 1 of the Wright patent, if the claim were given a liberal

interpretation, as the Court had said the Wright Patent was entitled

to, on account of the Wrights being the pioneers in the art of flying.

But Claim 1 had not been cited in the former suits, and so had not as

yet been adjudicated. If Curtiss could just show, or seem to show,

in some way that the Wrights were not exactly pioneers, that some

other machine capable of flight antedated the Wright machine, then

he would be in a stronger position to defend himself against Claim 1

if it should be cited against him. Anticipating a suit, Curtiss took

astounding means to prepare for combating it--as will appear.

But after all the evidence was taken in that case and just before

the case was to come to trial, Orville Wright sold his interest in

The Wright Co. to New York capitalists. Curtiss then contrived to

gain delay after delay by approaching the new owners with proposals

of settlement. These negotiations dragged on until the United States

entered the First World War, and the Manufacturers Aircraft Association

was organized for cross-licensing manufacturers who were building

machines for the United States Government. Through this cross-licensing

agreement, The Wright Co. received royalty on all planes manufactured

for the Government. Consequently, this last case against Curtiss never

came to trial.

The Wrights won their patent suits, too, in the highest courts of both

Germany and France. The court in Germany made the comment in its oral

decision that their discovery that a rear rudder was a balancing device

rather than a steering device should entitle them to a basic patent.

Without going into too much detail about the various patent suits,

the important point is that the priority of the Wright patents was

sustained by the courts in both the United States and Europe. Every

airplane that flies, in any part of the world, even today, does so by

use of devices and discoveries first made by the Wright brothers.

These patent suits were a terrible ordeal for the attorneys and judges

concerned, for aviation was so new that many of the technical terms

were beyond the knowledge of nearly everyone. It was as if lawyers and

judges had to learn a new language and take a course in the theoretical

side of aeronautical engineering as they went along.

In a case against a foreign aviator, Wilbur Wright was called upon

in Court to explain the function and operation of a rudder when an

aeroplane is making a circle. Wilbur got hold of a piece of string and

a fragment of chalk and went to a blackboard, where he made it clear to

the Judge that when a machine is making a turn the pressure is on the

opposite side of an aeroplane rudder from what it is on a ship’s or a

dirigible’s rudder when they are making the same turn.

After the Judge had issued a temporary restraining order, at the end of

the day’s proceedings, Clarence J. Shearn, attorney for the defendant,

gloomily remarked: “If it hadn’t been for Wright and that damned piece

of string, we would have won.”

One bit of testimony in another case was in regard to the accuracy of

observations of men who fly airplanes. To show the inaccuracy of most

people’s observations on phenomena having to do with physical laws,

Wilbur used for illustration what a man thinks happens when riding a

bicycle.

“I have asked dozens of bicycle riders,” said Wilbur, “how they turn

a bicycle to the left. I have never found a single person who stated

all the facts correctly when first asked. They almost invariably said

that, to turn to the left, they turned the handlebar to the left and

as a result made a turn to the left. But on further questioning them,

some would agree that they first turned the handlebar a little to the

right, and then as the machine became inclined to the left, they turned

the handlebar to the left and made the circle, inclining inwardly. To

a scientific student it is very clear that without the preliminary

movement of the handlebar to the right, a movement of the handlebar to

the left would cause the bicycle to run out from under the man, who

would continue headlong in his original direction. Yet I have found

many people who would deny having ever noticed the preliminary movement

of the handlebar to the right. I have never found a non-scientific

bicycle rider who had particularly noticed it and spoke of it from

his own conscious observation and initiative. I found the same

condition among aviators with whom I have flown. Some have almost no

consciousness of whether the machine is rising a little or descending

a little, or whether it is sliding somewhat to the right or to the

left. The ability to notice these things, even in small degrees, is

the main quality which distinguishes skilled aviators from novices and

born flyers from men who will never be able to handle flying-machines

competently.”

Even though the Wrights won all their patent suits, collecting

royalties proved to be something else!

XIX

WHY THE WRIGHT PLANE WAS EXILED

Why was the original Wright airplane, the first flying-machine in the

world capable of flight, deposited in the Science Museum at South

Kensington, London, England, rather than in the United States National

Museum, administered by the Smithsonian Institution, at Washington?

Why should Exhibit A of one of the greatest of all American scientific

achievements be in exile?

For the answer to these questions, puzzling to a vast number of

patriotic Americans, we must trace events back a number of years.

It will be remembered that Dr. Samuel P. Langley, while Director

and Secretary of the Smithsonian, with a $50,000 government fund

at his disposal for experiments (besides $20,000 from the Hodgkins

fund), had failed in his attempts to build a successful man-carrying

flying-machine. At each trial, in 1903, his machine promptly fell from

its launching platform into the Potomac. Doubtless Langley’s failure

was a bitter disappointment to him--all the more so because he was

derided in the public press for having even tried what was commonly

believed to be impossible. But when the Wrights flew, only nine days

after Langley’s final unsuccessful trial, they in a measure saved the

Langley reputation. No one could any longer say that he was a “crank.”

The Wrights had vindicated his belief that man could fly.

Langley uttered no word to minimize the importance of the Wrights’

feat. Nor was anything unfriendly toward Langley ever said by either of

the Wrights. On the contrary, the Wrights more than once gave Langley

credit for having been a source of inspiration to them, from the simple

fact that he, an eminent scientist, considered human flight possible.

Indeed, the Wrights took advantage of an opportunity to save the

Langley name from being made ridiculous. After Dr. Langley’s death, the

Smithsonian Regents ordered the erection in the Smithsonian building

of a tablet in his memory. The plan was to inscribe on the tablet the

“Langley Law,” as Langley’s chief contribution to aeronautical science.

Dr. Charles D. Walcott, who succeeded Dr. Langley as Secretary of the

Smithsonian, sent the proposed inscription to the Wrights for their

opinion of it. Wilbur Wright replied that it would be both unwise and

unfair to Langley to rest his reputation in aerodynamics especially on

that so-called Langley Law or upon the computations which gave rise

to it. The Wrights knew at that time, as all aeronautical engineers

know today, that the Langley Law was simply a mistake and not true.

Because of what Wilbur Wright pointed out in his letter, the Langley

Law was omitted from the memorial tablet. But, having eliminated the

discredited Law that _was_ Langley’s, Dr. Walcott then put in its

place on the tablet an inscription crediting Langley for a discovery

that _was not_ his! The inscription claimed for Langley that he had

“discovered the relations of speed and angle of inclination to the

lifting power of surfaces moving in the air.” (His tables of air

pressures had been antedated by both Duchemin and Lilienthal.)

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