The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-09
MORNING EDITION--MONDAY, OCTOBER g. 1913.

shouu n- not nave MIS- iewaru! Is he less enatisd
1t, than the man who merely invents m improved
machine! The one opens entirely field tn his
fellow men; the other but improves the nstru n. is
by which old fields cultivated
Most nventions are out improved means OF arriving
NJ old results; there are but few which give to the
world entirely new results Hence the general ina
preston, that patents can be for machines pro-
cesses merely as most patents really 1t is but sell
dom that the world is astonished by and won
derfa result. combining philosophical deductions with
mechanical ingenuity which Is the highest grade Of
invention And shall the me who conceive and carry
out to practical results, and grand ideas for the
benefit Of their race, not be entitled to the pro-
lection for the fruits Of their mental labor the
who improves thimble or a door-knob! May they
when after years of toll privaton and expense have
of their reward by any who may devise different
method for accomplishing it? Can any man step in
and supersede them by using wheel more or wheel
less In the machine, wedge instead of screw or
spring instead Of q lever?
Such not the views of the Patent Office In this
country, nor in England nor have such been the de-
cisons OF the courts In either country In both
tries, patents are granted for applications Of
known elements principles to and useful ends
without any other regard to the or process
than to see that some mode OF accomplishing the new
end clearly pointed out And the courts have deci
ded that when this is done. the patent the
end to the first inventor, and that man can de-
prive him Of it by any other Of arriving at the
same end. however much improved Improved pro-
cesses may be patented bnt they cannot be used
without license from him who has clearly secured the
| end
The recent decision in Kentucky is based on this
settled principle and assumes ground Pro-
fessor Morse does not claim the exclusive of cleo
tricty or electro gnetism, for all the purposes
even for all teegraphic purposes He only claims the
motive power of the electric current the purpose
OF marking down telegraphc signs letters or pro-
ducDg sounds ut any distsnoes and he proves that
he was the first to conceive and :ompsh that OBJ
ject The Patent Office have given him patent for
it, and the court Of Kentucky has sustained the pa
tent. In doing So the judge has but conformed to
principles effectively settled by the British and
recognised in the courts of the United States Those
decisions, it me- are based on principles of
strict Justice well the true construction Of the
which TO secure to every man for
conducive to the interests of society. G. w.
Friday, Sep. 70, ls4S
THE PRINCIPLE OF MAGNETIC TELEaRApHs
Mr.. EDIToR.-The general principle of the Magnetic
Telegraph is alternately impartng md taking from
piece of soft iron, the properties of Electro
tism by an application of the element, gslvanc eli &C.
trcity.
The time occupied by the ron as an electro-mag-
net and the time in which the iron is deprived of
electro magnetism are measures that may and are
by Morse and others, by mechanical contrva ces,
transferred to paper, in points, dots, spaces &c.
symbols for figures, letters, and sentences.
The particular mechanical contrvances transfer
ring and iserng the great principle of
time are by the patent laws exclusively the property
of the inventors
But the element, gavanic electricity or the
principle measures OF time, be made the subjects of
exclusive right to use? We think not and if they may
be patented is very clear that Professor Morse is not
the dscoverer of either the element the principle
Professor Morse, when he first introduced the mag
petic telegraph, did claim be the dscoverer Of
the principle or the element he then claimed only
the invention of the machinery by which the element
and principle were made to subserve practical use
full description Of Professor Morse's invention,
written by c. F. Durant. for the JoNrnai of the .4me
can Institute, for January, 1888 copied into the
New York Herald on the 5th of September, inst. The
description of Professor Morse's machine is preceded
by account Of the element and the general prnci-
pie which there described "nothing new far
regards discovery by Professor Morse' Professor
Morse on reading that article in 1885, said it
Every accurate and the best description that had been
published" He cannot claim to be the dscoverer
Of the element galvanic strictly Of the general
principle of transferring measures of time to paper.
The courts will undoubtedly protect Mr. Morse's dis
covery or invention, but they cannot prevent the
general use Of the element galvanc electricity, of
the principle employed. electro magnetism. In the
recent in the United States District Court of
Kentucky, ipjun properly era against the
use of particular machine the Columbian" " be-
by the defendants in its structure and mode of opera
ton, violates the principles of Morses patent and the
process and means described by Morse in his speci-
heatons," See the Herald OF the 10th inst
III" elementary principles of gavanic electricity,
and electro netism known before Mr. Morse
born and they canrot constitute the basis special
by special grants be deprived of that which it
before possessed 1t is also principle of law "that
man who, by bis invention produces given result
cannot claim that result. but must confne himself to
his method of producing that result TOR other
methods Of eecting the same end may be invented by
others and to confer special privilege the first
door against the progress OF inventions" +.
MoRsE's TELEGRAPH
To THE EDITOR THE HERARp
wish to avail myself of your disposition to do JUS
tice to all by asking space for few hasty remarks
called out by the extraordinary pursued by
individual and portion of the press upon the sub
ject of Morses patents his rights under them 1t
seems most extraordinary that in this enlightened age
any portion of the public the press be bought b,
any desire Of attaining sbeneft whether by
telegraph charges any other to show such utter
contempt and disregard of the legal vested rights eff in
dviduas and of the laws has been displayed of late
In this matter There is excuse, however, would
fain believe for much ofths in the ant familiarity
both in the public and among editors and indeed
among all but lawyers who have made the patent laws
and their application, their study There branch
Of the law less understood by the public But there