the combinations claimed by the two claims of the
on an axis or revolves, as distinguished from a slid-
patent, is one which has a bolt or bearing that turns
ing bolt, and those claims are not infringed by a
structure in which the combination lock has not a
turning or revolving bolt.
the Seligmans alone, and, after stating the citi- | locks, the combination lock forming a member of
zenship of the parties, proceeds as follows:
"That there is in said suit a controversy whol-
ly between citizens of different States, which
can be fully determined as between them with-
out the presence of the defendant, the St. Louis
2. Claim 2 of the patent requires that the tumblers
and San Francisco Railroad. That there is in of the combination lock and its spindle shall be free
said suit a separate controversy wholly between to rotate while the bolt work is held in its locked
said plaintiff and your petitioners, citizens of position, by the bolt or bearing of the combination
different States as aforesaid, which can be fully 3. In patents for combinations of mechanism, lim-
determined as between them, and your petition-itations and provisos imposed by the inventor, es-
ers are actually interested in such controversy. tion after it had been persistently rejected, must be
Ipecially such as were introduced into an applica-
That the controversy in said suit between plaint- strictly construed against the inventor, and in fa-
iff and your petitioners, as made by the plead-vor of the public, and looked upon as in the nature
of disclaimers.
ings, is wholly distinct and separate from that
between the plaintiff and the St. Louis and San
Francisco Railway Company."
Upon this petition the State Court removed Argued Jan. 21, 26, 27, 1885. Decided Mar. 30,
the suit, but the Circuit Court of the United
States remanded it. To reverse this order of
the United States Court the appeal was taken.
APPEAL from the Circuit Court of the Unit-
ed States for the Southern District of Ohio.
the opinion of the court.
The history and facts of the case appear in
Messrs. Edmund Wetmore, George
Ticknor Curtis and 8. A. Bowman, for ap-
pellant.
iam C. Cochran, for appellee.
Messrs. Edward N. Dickerson and Will-
Mr. Justice Blatchford delivered the opin
There is but one controversy in this case, and
that is as to the duty of the Railroad Company
to transfer to Wilson the stock standing in the
name of the Seligmans on its books and to issue
new certificates therefor. Upon the one side of
that controversy is the plaintiff, a citizen of Mis-
souri, and on the other the Railroad Company,
Missouri corporation. The sole purpose of the
suit is to establish the duty and enforce its per-
formance. This cannot be done without the
presence of the Company, for it is upon the Com-ion of the court:
pany itself that the decree must operate. The
Seligmans are made parties only in aid of the
principal relief which is asked. As the stock
stands in their names on the books, the Com-
pany may well claim a judicial finding in the
cause which shall bind them, if upon the final
hearing a transfer is ordered. The suit, there-
fore, is in truth and in form against both the
Company and the Seligmans on a single cause
of action, and cannot be removed unless the sep-
arate answer of the Seligmans introduces a sep-
arate controversy. This we have held in Lou-
isville & Nashville R. R. Co. v. Ide [ante, 63], just
decided, is not necessarily the effect of separate
issues under separate defenses to the same ac-
tion. No relief whatever can be granted unless
it is found to be the duty of the Company to
transfer the stock, and as to that controversy
the Company is an indispensable party. R. R.
Co. v. Mills, 113 U. S., 249 [Bk. 28, L. ed., 949];
Thayer v. Life A880., 112 U. S., 717 [Bk. 28, L.
ed., 864].
The order remanding the cause is affirmed.
True copy. Test:
James H. McKenney, Clerk, Sup. Court, U. S.
Cited 115 U. S., 61.
HALL SAFE AND LOCK COMPANY ET AL.
(See S. C., Reporter's ed., 63-86.)
Patent law-letters patent No. 186369, for im-
provements in time locks-construction-when
against inventor.
*1. In letters patent No. 186369, granted to James
Sargent January 16, 1877, for improvements in time
*Head notes by Mr. Justice BLATCHFORD.
This is a suit in equity, brought in March, 1877, in the Circuit Court of the United States for the Southern District of Ohio, by James Sargent, the appellant, against the Hall Safe and Lock Company and others, the appellees, for the infringement of letters patent No. 186369, granted to Sargent January 16, 1877, for improvements in time locks. It was afterwards consolidated, as of November, 1879, with another suit in equity, brought in July, 1876, in the same court, by the same plaintiff against the same defendants, for the infringement of reissued letters patent No. 6787, granted to Sargent December 7, 1875, for improvements in time locks, on the surrender of original letters patent No. 121782, granted to Stephen W. Hollen, December 12, 1871. The Circuit Court heard the case on pleadings and proofs and dismissed the bill. The plaintiff has appealed, but no claim is made in this court to recover on the Hollen reissue.
The specification and claims of No. 186369 are as follows:
"Be it known that I, James Sargent, of Rochester in the County of Monroe and State of New York, have invented certain new and useful improvements in locks for safe and vault doors, of which the following is a specification:
This invention relates to certain improvements in locks for safe and vault doors, its object being to construct a time movement in such a manner as to have it guard, and operate in conjunction with, a combination lock, so as to render said combination lock, when locked, inoperative and incapable of being unlocked until the arrival of the appointed hour, at which time the time mechanism will liberate or cease its guarding action on the combination lock, and admit of said lock being operated and unlocked by the person having knowledge of the combi nation upon which said lock is set, so as to
enable the bolt work of the safe or vault door to be retracted and the door opened.
mate or surreptitious knowledge of the combination upon which the lock is set, until the arMy invention consists in combining a time rival of the appointed hour, when the time mechanism with a combination lock, and adapt- mechanism will cease its dogging or guarding ing the same to operate in connection with the action upon said combination lock, and admit bolt work of a safe or vault door, the time of said lock being operated by those in possesmechanism being constructed to act in con- sion of the combination, so as to enable them junction with, and guard, dog, or render inop-to place the bolt or bearing of the lock in such erative, the aforesaid combination lock, when position as to enable the retraction of the boltlocked, the said combination lock having a bolt work, whereby the safe or vault door can be or bearing specially constructed and arranged, opened. so that, when in one position, it will rest upon or receive the pressure of the bolt work of the door when the latter is thrown out and the lock locked, and thus prevent the retraction of the bolt work.
This arrangement retains the bolt work in a locked condition during the hours appointed for it to remain locked, and prevents the lock from being unlocked by anyone having legiti
The invention further consists in a certain combination, substantially as hereinafter set forth, that is to say, a union consisting of a combination lock, a time movement and a yoke lever or connection, adapted to be placed upon a safe or vault door, to operate in conjunction with the bolt work thereon, said yoke lever or connection being constructed and located in such respect to the combination lock as to render the
the door, and the combination lock locked and
guarded by the time movement. Fig. 2 is a de-
tail view, illustrating a yoke lever or connec-
tion adapted to connect with the dog, angle bar,
or fence of the combination lock. Fig. 3 rep-
resents a portion of a safe or vault door, having
thereon a bolt work, and a combined time mech-
unlocking of the same absolutely impossible
when locked, and so remain locked until the ar-
rival of the appointed or predeterminate time,
at which time the said yoke lever or connection,
through the action of the time movement, is
caused to cease its guarding or dogging action
upon the combination lock, at which time, or
any time after during the time the time mechanism and combination lock, the combination
anism has ceased its dogging or guarding ac- lock being unlocked and the bolt work retracted.
ton, the said lock can be unlocked by the per- Referring to the drawings, the letter A des-
son in possession of the proper combination up- ignates the case of a combination lock, the lock-
on which the lock is set; the peculiarity and nov-works of which may be of any of the well
elty of this union being, that, when the said known forms now in use, provided the same is
combination lock, with its time mechanism, is supplied with a lock bolt or a bearing, con-
arranged upon a safe or vault door, to operate structed and arranged so as to connect with or
in conjunction with the bolt work thereon, and receive the pressure of the bolt work located on
all locked, the tumblers or combination wheels a safe or vault door, when said lock bolt or bear-
of said lock, and the spindle of the same, to- ing and the bolt work are placed in a position
gether with its usual indicator, are all left free for locking the door.
to be moved or rotated without exerting any
unlocking action or strain whatever upon the
mechanism composing the combination lock, or
the delicate mechanism composing the time
In the drawings, figure 1 represents a portion of a safe or vault door, illustrating therein a bolt work and a combined time mechanism and combination lock, with covers removed, the bolt work being thrown out into the jamb of Fig.3.
The combination lock illustrated in the drawings is one known as Sargent's Automatic Bank Lock," upon which letters patent were granted August 28, 1866, reissued January 2, 1872.
Said combination lock is shown as applied upon a safe or vault door, B, upon which is arranged a bolt-work, consisting of the usual bolt supporting bars, C, bolts, D, carrying bar, E, having a tongue piece, F,said carrying bar serv
ing as a medium for projecting or retracting the turning of the dial spindle, and hence the tongue
bolts into and out of the sockets, a, constructed piece or connection on the carrying bar of the
in the jamb of the safe or vault, for the pur-bolt work rests upon, or connects with, the lock
pose of locking or unlocking the door, as shown bolt or bearing, and the bolt work is securely
in Figs. 1 and 3.
The bolt work has the requisite projecting or retracting motion imparted to it from the outside of the door, when opened or closed, through the medium of the usual knob, b, and the spindle, c, which spindle passes through the door, and connects with the carrying bar by any suitable fastening, such as a slot, d, pin, e, and suitable fastening nut.
The lock bolt or bearing of the combination lock may be of a circular, segmental, or other desired form, provided said lock bolt is arranged and adjusted so as to turn upon a suitable axis or bearing, and is so constructed that, in one position, it will prevent the retraction of the boltwork, so as to retain the safe or vault door locked, while, in another position, it will admit of the bolt work being retracted for the purpose of allowing the safe or vault door to be opened.
retained in a locked condition.
With such combination lock, or one of substantially the same construction and operation, constructed to be applied for use upon a safe or vault door, to operate in connection with the ponderous or great bolt work thereon, is combined a time mechanism, the works of which may be of any of the improved or desired kinds, since its action is to measure time correctly, the object being that, during the interval that the combination lock is locked and the time movement wound up, the same, through a suitable connection made between it and said combination lock, will guard the said lock, and prevent its being unlocked, even by a cashier or other person in possession of the combination upon which the said combination lock is set.
In the present example, a duplex or double time movement is illustrated, such being preferable to a single time movement, as a safeguard against stopping.
In the present example, the lock bolt is shown
as provided with an offset or recess, f, which Each of the time movements, which are des-
offset or recess is brought in or out of coinci- ignated by the letters M M, which may consist
dence with the tongue piece on the carrying of a chronometer or clock movement, is sup-
bar, to admit of the bolt work being projected plied with a pointer or hand, attached to a spin-
or retracted through the medium of a sliding dle, l, in such a manner as to be capable of be-
bar, H, which carries a dog, fence, or angle ing moved backward to set any elected number
bar, J, having a hook, g, which engages with on the dials N, said dials being spaced off, or
the bit, h, of the cam, K, secured upon the dial marked with a scale of hours and divisions, from
spindle, i, which spindle passes through the safe one upward to any desired number, according
or vault door, in the usual manner, and serves to the mechanism of the chronometer or clock.
to operate the series of tumblers or combination With each of the dials are combined adjusting
wheels, L.
disks or arms O, or some equivalent mechan-
The sliding bar H is connected with the lock-ical device, each of which carries a stud, or a
bolt or bearing in any suitable manner, its ob-pin or projection, which acts upon a yoke or
ject being to impart motion to said lock bolt or
bearing, to secure the objects above specified.
The said lock-bolt or bearing, it will be per-
ceived, is located in its casing, so as to rest
closely in the rear of the tongue piece or con-
nection secured upon the carrying bar, and is
isolated, so to speak, from the tumblers or com-
bination wheels and the other main working
parts of the lock, and, therefore, any strain
which is brought to bear upon it by the heavy
bolt-work will be expended upon the bolt or
bearing and its axis or bearing, and not upon
the tumblers or combination wheels.
lever, which connects with and guards the com-
bination lock the number of hours or time for
which it is designated said lock is to remain
locked, and thus controls the action of its lock
bolt or bearing while the same is in a locked
condition.
fence or other working part of the lock, and
thus control the movement of the lock bolt or
bearing, and hence the locking and unlocking
of the combination lock.
The yoke lever or connection is designated by
the letter P, and it is pivoted or loosely fixed
on its support or axis, as at m, or otherwise ar-
ranged so as to operate in conjunction with the
moving or revolving disks or arms O, the ob-
ject being, that the yoke lever or connection
and the disks can be adjusted with respect to
It will be seen that, to unlock the combina-each other, so as to connect with the dog or
tion lock, the hook of the dog, angle bar, or
fence, J, will drop into the notches or slots of
the tumblers or combination wheels, when the
notches are brought into juxtaposition by the
operator who has possession of the combination
upon which the lock is set, at which time the
bit, h, of the cam K, will also engage with the
hook, g, of the said dog, angle bar, or fence,
when, by moving the dial spindle, the lock bolt
or bearing can be moved or rotated so as to ad-
mit of the tongue piece or connection, with the
carrying bar and bolt work, being moved back
or retracted, as in Fig. 3 of the drawing, and
the safe or vault door opened; but, when said
combination lock is locked, the hook of the dog,
angle bar, or fence, J, is elevated, due to the
combination wheels being disarranged, as in
Fig. 1 of the drawings, and then no action can
be had upon the connecting bar, dog angle bar
or fence, or upon the lock-bolt or bearing, by
One end of the extension of the yoke lever or connection, in the present example, has a suitable hook, n, that engages with a pin, o, on the dog, angle bar or fence, J, by striking under it, in which case it nolds said dog, angle bar or fence elevated out of contact with the tumblers or combination wheels and the cam of the dial spindle. The arms of said yoke lever or connection connect with, or rest upon, the axis or spindle of the adjusting disks or arms; and the arrangement of the studs, pins or projections on said disks or arms is such that, when the indicators have reached the proper number on the dials, said studs, pins or projections will have acted upon the yoke lever or connection, and moved it sufficient to withdraw the cam hook
This improvement is of the utmost importance; for, during the hours when the time mechanism is set, no one, not even the officers of a bank or other institution, can open the combination lock; and, when said time mechanism is not set or adjusted, no one, except the holder of the combination upon which the lock is set, can open it. No one who has the combination, whether obtained surreptitiously or otherwise, can open the lock when the time movement is set, for the simple reason that no connection can be made between the tumbler or combination wheels, the dog, angle bar or fence, the spindle and the lock bolt or bearing.
from beneath the pin o, and thus allow the dog,
angle bar or fence to fall, ready to engage with
the tumblers or combination wheels and the
lock bolt or bearing, at which time the combi-
nation lock can be operated by the person in pos-
session of the combination, as the time move-
ment has ceased its guarding or dogging action.
Notches, p p, should be formed in the yoke
lever or connection, to allow the studs, pins or
projections to fall therein, when the disks or
arms and the indicators have reached the des-
ignated number, thus serving as stops for the
adjusting disks or arms, and prevent the same
from moving on, beyond the prearranged hour
to reset the yoke lever or connection upon the
studs or projections; for, if some such provis-portance present in the combination of parts
ion were not made, the combination lock could
not be opened until the disks or arms, with the
indicators, came around again to said previous-
ly appointed hour; at least, there might be dan-
ger of such occurring.
The double time pieces are employed, as here-
inbefore stated, so as to insure the releasing of |
the combination lock in case one of the time
works should stop or fail to come to proper po-
sition. A spring r, or an equivalent, such as a
weight, should be connected with the lower end
of the yoke lever or connection, to produce the
necessary reaction to bring the book of the yoke
lever or connection under the pin on the dog,
angle bar or fence.
Thus it will be seen, from the foregoing, that the bolt work of the safe or vault door connects with, or rests upon, the bolt or bearing of the combination lock, and that the yoke lever or connection of the time movement connects with the dog, angle bar or fence of said combination lock, rendering the said combination lock inoperative when locked, that is to say, said yoke lever or connection has the effect of dogging or guarding the combination lock during the time it is locked, and preventing its being unlocked until the arrival of the hour previously designated by the time movement; and, should pressure be exerted upon the great or ponderous bolt work of the door, when locked, it will be received and arrested and retained by the lock bolt of the combination lock, and will not be transmitted to the tumblers or combination wheels of the combination lock, or to the time movement, or to the yoke lever or connection. In lieu of the lever connecting with the dog or fence, it may be made to connect or operate on the lock itself, and thus secure the result herein before recited.
The time mechanism may be in the same case containing the works of the combination lock; or it may be in an apartment connected with the case of the combination lock, or in a case separate and distinct from the case containing the combination lock.
Further: Another feature of the utmost im
brought together is, that the connection between
the time movement and the combination lock is
such that, when the time movement is set, the
parts adjusted, and the safe doors closed, the
combination lock will be rendered inoperative
until a predeterminate hour, during which in-
terval of time the unlocking action of the com-
bination lock will be suspended by the time
movement, while the tumblers or combination
wheels of the aforesaid combination lock are
left free to rotate, if power is exerted upon the
dial spindle for the purpose of twisting said
spindle out of place or impairing the lock
mechanism, and, by such, the working parts of
the combination lock cannot be injured or ren-
dered useless for future action.
I have made a special claim, in a separate ap-
plication for letters patent, for the combination
of a time movement and a lock with a lever
adapted to be connected with the dog of said
lock, to hold it from falling into the slots or
notches of the combination wheels except when
released by the time movement. So, therefore,
in this application, such special construction and
arrangement of parts is not specially claimed.
Having thus described my invention, what I claim and desire to secure by letters patent is: 1. The combination, substantially as hereinbefore set forth, of a time mechanism and combination lock with the bolt work of a safe or vault door, the time mechanism being constructed to act in conjunction with, and render inoperative, the combination lock when locked, said lock having its bolt or bearing constructed to receive the pressure of the series of bolts constituting the bolt work of the door, when locked, and prevent the unlocking of said bolt work until the arrival of a certain predeterminate hour.
2. The combination, substantially as hereinbefore set forth, of a combination lock, and the series of bolts constituting the bolt work of a safe or vault door, with a time movement and a yoke or lever connection, said lever being constructed and located to render the bolt or bearing of the combination lock inoperative when locked, the tumblers of the combination lock and its spindle being free to rotate while the bolt work is held in its locked position by the bolt or bearing of the combination lock."
The advantages of this invention over com-
mon time locks is that, when the time mechan-
ism releases the lock mechanism, that is, ceases
its dogging or guarding action, it does not ad-
mit of the unlocking of the bolt work of the An analysis of this specification, to ascertain
door, but simply leaves the combination lock (in view of the state of the art and of the history
in the condition that it can be unlocked by the of the application for the patent as it passed
person in possession of the proper combination through the Patent Office) what is the proper
upon which said lock is set, thus securing the construction of the claims allowed, will con-
advantages of a combination lock for use dur- duce to a solution of the questions involved.
ing the day, with a time mechanism for guard- The object of the invention is stated to be to
ing and protecting said lock during the night. I have a time movement guard, and operate in
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