Page:Federal Reporter, 1st Series, Volume 3.djvu/162

 FBABL V. AFFLETON 00. Iô5 �constructed, extend but a short diatanoe above the bolster rails in which they are fixed. Now, as this rail must be plaoed far enough below the loweat point at which the yarn ' is wound upon the bobbin, to allow the ring rail to pass below that point, a large part of the spindle must necessarily extend upward beyond its upper bearing, and is, consequently, even when made of large size, subject to considerable vibration ■when running. It is also necessary in the ordinary construc- tion, in order to secure a proper distance between the two bearings of the spindles, to extend the spindle downwards for a considerable distance below ^here it might otherwise termi- nate; and this increase in length requires a corresponding increase in diameter beyond what would be required were a flhorter spindle used. My improvement consists in certain details of construction and arrangement, whereby I am ena- bled to remove most pf that part of the spindle which ordina- rily extends below the whirl, and to leave only a small part of the spindle exposed above its upper bearings, so that it is ren- dered possible to reduee its diameter, and, consequently, ita weight, and at the same time to insure for it greater steadi- ness of rotation." �He then describes his spindle ; the goveming principle of which is, that in place of the short bolster below the bobbin, he makes a tubular bolster which is carried up into the bob- bin, which is enlarged, or chambered, at ita lower part so as to revolve freely about the tube. Only enough of the spindle remains above the top of the bolster to hold the bobbin firmly in its revolution with the spindle. In consequence of this change, as he says, he may make his spindle with à short "but," and very light throughout. �Sawyer's spindle was brought to the notice of manufactur- ers, and was tried in continuons operation at a mill, some time before he obtained his patent. Soon afterwards Pearl adopted the short but for his spindle, and bas always made and sold it in that form. He re-issued his patent with claims intended, perhaps, to cover Sawyer's spindle. The defend- ants contend that Pearl derived his short but direotly or indi- rectly from Sawyer ; and the plaintifs contend that the idea ����