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79TH CONGRESS

1st Session

HOUSE OF REPRESENTATIVES

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REPORT No. 134

EDWIN FAIRFAX NAULTY AND LESLIE FAIRFAX NAULTY

FEBRUARY 13, 1945.—Committed to the Committee of the Whole House and

ordered to be printed

Mr. McGEHEE, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 1949)

The Committee on Claims, to whom was referred the bill (H. R. 1949) for the relief of Edwin Fairfax Naulty and Leslie Fairfax Naulty, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows: Amend title so as to read: A bill for the relief of Edwin Fairfax Naulty and Leslie Fairfax Naulty. A similar bill was favorably reported by this committee and passed the House in the Seventy-eighth Congress.

The facts will be found fully set forth in House Report No. 205, Seventy-eighth Congress, which is appended hereto and made a part

of this report.

.(H. Rept. No. 205, 78th Cong., 1st sess.) The purpose of the proposed legislation is to confer jurisdiction on the Court of Claims of the United States to hear, determine, and render judgment on the claims against the United States of Edwin Fairfax Naulty and Leslie Fairfax Naulty for damages alleged to have been sustained by them as the result

of the use, without their consent or compensation, by the Government of the United States of America, continued over a period of years, of the copyrighted plans, designs, specifications of structure, construction, and operation of aircraft, aircraft accessories, and other aeronautical appliances from or through the technical ideas and proposed use contained in copyrighted drawings and textual specifications of construction and operation and, also through the description of and explanation of such elements of aviation and aeronautical technique contained in bills introduced in Congress for the purchase of aviation and aeronautical inventions and technique by the Government of the United States of America from and of Edwin Fairfax Naulty and Leslie Fairfax Naulty (part title to and in such copyrighted graphs and text also resting in Nancy Washington Naulty, of Philadelphia, Pa., and Virginia Fairfax Naulty, of Hartford, Conn., by grant from Edwin Fairfax Naulty and Leslie Fairfax Naulty), such information being indicated in the text of items listed hereafter in this bill and contained in bills above described, in several and successive sessions of Congress and thereby available for above-described construction, operation, modification, and use of such inventions without the consent or purchase of such inventions from Edwin Fairfax Naulty and Leslie Fairfax Naulty, or either of them.

The facts will be found fully set forth in House Report No. 1087, Seventyseventh Congress, first session, which is appended hereto and is made a part of this report.

(H. Rept. No. 1087, 77th Cong., 1st sess.) The Committee on Claims, to whom was referred the bill (H. R. 2864) for the compensation of Edwin Fairfax Naulty, of New York City, N. Y., and Leslie Fairfax Naulty, of Hartford, Conn., to confer jurisdiction on the Court of Claims of the United States to hear, determine, and render judgment, notwithstanding the lapse of time since origination, or any provision of law to the contrary, on the claims against the United States of America of Edwin Fairfax Naulty, of New York City, N. Y., and Leslie Fairfax Naulty, of Hartford, Conn., for damages alleged to have been sustained by them as the result of the use, without their consent or compensation, by the Government of the United States of America, continued over a period of years, of the copyrighted plans, designs, specifications of structure, construction and operation of aircraft, aircraft accessories, and other aeronautical appliances from or through the technical ideas and proposed use contained in copyrighted drawings and textual specifications of construction and operation and, also, through the description of and explanation of such elements of aviation and aeronautical inventions and technique by the Government of the United States of America from and of Edwin Fairfax Naulty and Leslie Fairfax Naulty (part title to and in such copyrighted graphs and text also resting in Nancy Washington Naulty, of Philadelphia, Pa., and Virginia Fairfax Naulty, of Hartford, Conn., by grant from Edwin Fairfax Naulty and Leslie Fairfax Vaulty), such information being indicated in the text of the items listed hereafter in this act and contained in bills described above, in several and successive sessions of Congress, and thereby available for above-described construction, operation, modification, and use of such inventions without the consent or purchase of such inventions from Edwin Fairfax Naulty and Leslie Fairfax Naulty, or either of them.

Such use is presently asserted, only in the case of the following itemized structures, at several and different periods of time by officials, officials connected with and through them, by others contracting with departments and independent offices of the United States of America, for which use proper award for compensation by judgment under the common law and usage and such statutory law as may apply under the terms of the fifth amendment of the Constitution of the United States of America by Edwin Fairfax Naulty and Leslie Fairfax Naulty; suit to be brought within 2 years from the date of the enactment of this act.

The items indicated are

Fairnault cantilever flight craft, an invention of streamlined, nonstrut, high-, middle-, and low-wing monoplane aircraft, with transverse cantilever wing and thorobrace fuselage, with or without Fairnault stepped body, or side-set, top-set, or under-set radiators and Fairnault movable cockpit dome.

Fairnault detachable fuel tank or container, an invention for quickly disengaging aircraft gasoline and oil containers in event of fire or other emergeny during flight, and Fairnault "contents discharging" fuel and oil containers of various structures.

Fairnault portable parachute, attachable to body of pilot, an invention to provide escape from a damaged aircraft in the air, also same combined with a means of quick inflation for opening and of manual-collapsed control and manipulation to avoid a dangerous landing from a landplane, and combined with an airbelt life preserver to keep aviator afloat after jump from a seaplane.

Fairnault aviators' steel helmet, with removable visor, combined with wireless and interplane phone receivers and transmitters and oxygen tube, an invention for the protection of aviators in combat, to enable them to give or receive message: in flight, to listen in on motor and air screws, or cut out noise of same, and to provide connection with an oxygen container, or compressed sea-level air container, yielding breathable air at high altitudes.

Fairnault-caver sectional den-ity, metal flight wings, an invention to provide differing zenith and nadir surface of fixed type, for aerofoils, embodying reduction of volume and increase in mass of aerofoils-a combination of ballistics and aviation-and also designed so that curved and regular transverse sections serve as bracing and add to strength of aerofoils.

Fairnault-Weaver sectional density flight wings, an invention factorable of fabric or metal and with variable contours controllable in operation by pilot.

Fairnault metal intermesh combined with vulcanized fabric for aircraft, an invention to provide a weatherproof “nondoped," paraelectric, slow-burning casing or covering for bodies, aerofoils, elevators, rudders, and fins, which is factored by coating suitable metal mesh with hard rubber or other suitable plastic material capable of fixation of tension and easily moldable in fabrication to any desired contour.

Fairnault variable gage bays for aerofoils, an invention by means of which the weight of metal or other material or structure and casing used in outboard bays of aircraft is reduced proportionately, bay by bay, from fuselage to wing tips.

Fairnault movable multiple winding hexagon wireless aerial, an invention to reduce to small compass and to increase the efficiency of an ae ised on aircraft and to determine the direction of initiation of any wireless message.

Fairnault symmetrical design for aircraft, an invention by means of which all parts of an aircraft have a common dimensional divisor, or multiple, so that span, chord, gap, fuselage, structure, rudders, dihedral, cathedral, master diameter, diametric plane, fineness ratio, aspect ratio, and air-screw diameter are all in symmetrical proportion.

Nault argo, an invention of a series of stepped and variable contoured, streamlined hull designs for use as main hulls and pontoons for seaplanes.

Fairnault slot wings, 1917-18, and Fairnault slot wings of 1917–18, improved.

The Committee on Claims, to whom was referred the bill H. R. 2864, report favorably thereon with amendments and recommend the bill, as amended, do pass.

"From War Department records, it appears that various earlier bills have from time to time been introduced in the Congress, to authorize the purchase of alleged aeronautical inventions from the claimants, including

"H. R. 11294, Sixty-sixth Congress, second session (1919);
“H. R. 2421 and H. R. 2422, Sixty-ninth Congress, first session (1926);
"H. R. 8951 and H. R. 8952, Sixty-ninth Congress, first session (1926);
"H. R. 8319 and H. R. 8320, Seventieth Congress, first session (1928);
"H. R. 8225, Seventy-second Congress, first session (1932); and
"H. R. 7020, Seventy-fourth Congress, first session (1935).”

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Appended hereto are the reports of the Navy Department and the War Department, together with other pertinent evidence.

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WAR DEPARTMENT,

Washington, April 10, 1941. Hon. Dan R. McGEHEE, Chairman, Committee on Claims, House of Representatives,

Washington, D. C. DEAR MR. McGEHEE: The War Department is opposed to the enactment of H. R. 2864, a bill for the compensation of Edwin Fairfax Naulty and Leslie Fairfax Naulty, a copy of which you transmitted to the War Department by letter dated March 11, 1941, with a request for a report on the facts in the case, together with the opinion of the Department as to the merits of the bill and copies of papers on file that are material to the facts and a decision on the bill.

Briefly stated, the bill confers jurisdiction on the Court of Claims of the United States to hear, determine, and render judgment, notwithstanding the lapse of time since origination, or any provision of law to the contrary, on the claims of Edwin Fairfax Naulty and Leslie Fairfax Naulty against the United States for damages alleged to have been sustained by them as a result of use by the United States, without their consent or compensation, of copyrighted plans, designs, and specifications relating to aeronautical inventions. The alleged unauthorized use by the United States is limited to certain itemized structures alleged to have been based upon disclosures contained in copyrighted material and disclosures made in bills introduced in the Congress to authorize the purchase of certain aeronautical inventions from both of the claimants.

From War Department records, it appears that various earlier bills have from time to time been introduced in the Congress, to authorize the purchase of alleged aeronautical inventions from the claimants, including

H. R. 11294, Sixty-sixth Congress, second session (1919); H. R. 2421 and H. R. 2422, Sixty-ninth Congress, first session (1926); H. R. 8951 and H. R. 8952, Sixty-ninth Congress, first session (1926) H. R. 8319 and H. R. 8320, Seventieth Congress, first session (1928); H. R: 8225, Seventy-second Congress, first session (1932); and H. R. 7020, Seventy-fourth Congress, first session. (1935). From these same records, it further appears that a report was rendered by the War Department on only one of these bills, to wit, H. R. 11294. This report, which was unfavorable, was dated April 24, 1920, and was addressed to the chairman, Committee on Military Affairs, House of Representatives. A photostatic copy of this report is enclosed (enclosure 1).

Of all the inventions listed in H. R. 2864, or in the earlier bills, the only invention ever presented to the War Department by Edwin Fairfax Naulty and Leslie Fairfax Naulty concerned a series of wing sections known as Fairnault wing sections. These were made the subject of a series of tests conducted in 1918 and 1919 at Government expense. As a result, the wing sections advocated by the Messrs. Naulty were found to be of no material value for military purposes and, consequently, were never used by the War Department. Furthermore, Mr. Edwin Fairfax Naulty was paid at least $1,034.92 to cover expenses incurred in the testing of these wing sections.

Transmitted herewith are the following listed photostatic copies of additional War Department records which are considered to be material to the facts relating to the matter in question and which may be helpful to your committee in reaching a decision on the merits of the proposed legislation, marked as indicated:

Report A. D. M. No. 384, on "Fairnault wing sections,” dated February 28, 1919, Technical Division, Air Service, Bureau of Aircraft Production, MeCook Field, Dayton, Ohio (enclosure 2).

Memorandum for the Director of Air Service, dated July 16, 1919, from Lt. Col. B. Q. Jones, Assistant Chief of Supply group (enclosure 3).

Letter of July 16, 1919, from the Director of Air Service to Col. William L. Kenly, with first endorsement thereon dated August 23, 1919, from Col. W. L. Kenly to the Director of Air Service (enclosure 4).

Memorandum dated March 25, 1920, for the Chief of aff, from the Director of Air Service. Subject: H. R. 11294, Regarding Purchase of Inventions Aircraft, etc. (enclosure 5).

Memoranda dated April 16, 1920, April 29, 1920, and May 6, 1920, respectively, foi the Director of Purchase, Storage, and Traffic from the Director of Air Service (enclosure 6).

Letter from the Assistant Secretary of War to the Chief of Air Service, dated January 2, 1926, and first endorsement thereon from the Chief of Air Service to the Assistant Secretary of War, dated January 7, 1926 (enclosure 7).

In the above documents wherever reference is made to other documents not transmitted herewith, they will be furnished on request if available in the files of the War Department.

The War Department is unable to make any estimate of the fiscal effects of the bill if enacted into law.

In view of the facts that the only invention ever disclosed to the War Department by the claimants has never been used by it and that compensation was made for expenses incurred in testing that invention, the War Department is of the opinion that there is no basis for the claim alleged and accordingly recommends against favorable consideration of the bill H. Ř. 2864. Sincerely yours,

HENRY L. STIMSON,

Secretary of War.

Navy DEPARTMENT,
OFFICE OF THE SECRETARY,

Washington, March 20, 1941. Hon. Dan R. McGEHEE,

House of Representatives. MY DEAR MR. McGEHEE: I have your letter of March 11, 1941, enclosing a copy of a bill (H. R. 2864) for the relief of Edwin Fairfax Naulty and Leslie Fairfax Naulty and requesting a report and copies of papers in the files of this Department relating to the matter, together with an expression of opinion as to its merits.

The bill in question seeks to confer jurisdiction on the Court of Claims of the United States for the purpose of adjudicating the claims of Edwin Fairfax Naulty and Leslie Fairfax Naulty against the Government of the United States for damages alleged to have been sustained by them as the result of the use by the Government, without their consent or compensation, of certain copyrighted materials and aeronautical inventions.

Constructions embodying these aeronautical inventions are stated to be based upon the disclosure of the copyrighted materials and on descriptive matter appearing in bills previously introduced in Congress for the purchase by the Government of certain aeronautical inventions from both of the claimants.

These bills were S. 3299, Sixty-sixth Congress, first session, introduced October 22, 1919, and H. R. 7020, Seventy-fourth Congress, first session, introduced March 26, 1935. Both of these bills were opposed, since the Navy Department was not interested in the purchase of the inventions of Messrs. Naulty.

The alleged unlawful use by the Government for which damages are presently sought is limited to certain itemized Fairnault inventions appearing on pages 3 to 5 of bill H. R. 2864. These aeronautical inventions are substantially similar to certain of the inventions tendered the Government in the above-mentioned bills.

The Navy Department has never made use of the copyrighted materials or of the apparently unpatented Fairnault inventions referred to in H. R. 2864, nor do the files of this Department disclose any papers specifically relating to this matter. In view of these circumstances, the bill appears to lack merit and is accordingly opposed. Sincerely yours,

James FORRESTAL, Acting.

WASHINGTON, D. C., April 17, 1941. The Honorable Dan R. McGEHEE, M. C.

Chairman, Committee on Claims of the House of Representatives. MY DEAR MR. CHAIRMAN: May I be permitted to present the following as a preliminary statement in behalf of my son and myself in regard to H. R. 2864, a bill for the compensation of Edwin Fairfax Naulty and Leslie Fairfax Naulty, of New York, N. Y., and Hartford, Conn., introduced in the House by the Honorable William B. Barry, of New York.

The inventions in aeronautics for which compensation is sought are set forth in H, R. 2864, a copy of which is attached, on page 3, line 10, to page 5, line 22, 12 in all, and no other inventions of the Naultys are before your committee for consideration of the many devised by the Naultys. The name “Fairnault” is a combination, protected by copyright, of the 2 first syllables of our name.

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