The New York herald., 1851-11-06

| did NOT amount merely to an improvement on
useful he had ri shs to use !. Without out
license from others-(36 Lond. Jour. of Arts, 100
Eden ct. al vs. De Costa, ct. al So as to Others
in respect to their imProvements after his
for that, and not violated when only parts Of it are
used by others and not all of them, which are ma
| terial. (Prouty's case, l6 Peters)
defendants insist that Houses operates on a prn-
cple radically different from Morss's that its
suits are greatly superior; and that it resembles
| Morse's in nothing which did not exist before
Morse's invention, and which not produced be-
| fore by others rather than by him.
In answer to this, il is true that the general OBJ
ject of the two is the same and so is it With all
rival in1entions But this, of course, does not ne
csssarily make all new inventions patents for u
| like object an ercroachment all previous ones.
Such doctrine would discourage progress, rather
| than encourage useful arts as the constitution
wishes to be done, by granting patents.
1t would, after one invention to the same
subject, or same principle art, halt and bar all
| further advances on the same subject.
1t would petrify every thing as it stood-to the
| great loss OF mankind, and in derogaton Of both
| private and public rights to advance human i'm
piovements and human power. 1t weuld, also,
| render the first improver a monopolst, and ex-
| clude the exercise or reward of further genius,
science, and labor in the same line, however USEFUL
and however much needed, beyond what has already
| been accomplished.
| But limit the doctrine, as we have done already,
to the particular improvement made the pa
tentee Of it is allowed protect that improvement,
as he ought to be-if being bis own inventisn-his
though, Of course, it does not protect, and should
not monopoly Of what else may have been invent
ed by sothers, before, or may ebe invented BY
them afterwards, on the same subject. The chief
| care must be-while allowing others their rights,
| to shield his, and not let others claim or use his
method or Improvement colorably or fraudulently-
but only use what is substantially different (Elect
Tel Comp, VS.. Little, ct al, "a Lond. Jour. of
dfts, 1907
| AnalyIng and comparing these inventions to.
gether in particulars, it will be difut to designate
amounts to violation of the other-under the
principles of well settled law applicable to the sub
| ject which we have laid Down.
1t is certain examination OF the two machines,
that they appear to the eye entirely unlike, except
in some particulars as to wires, magnets, and bat
| teries, which were in exten and use before
Morse's invention, or have been since improved by
others.
1t is certain, toe that Morses is less complicated
and easier Ineligible, while Houses is very diff
cult to be comprehended in its operations in detail,
and works with the ADDITION of two more powers,
one, air, and the other called axial ma gnetism
| Indeed, the difference is, in these respects so
| strongly marked to the eye and to the mind, that
while Morse's can readily. be understood by most
not weeks with some, thoroughly to comprehend all
the parts and movements of Houses.
| AID Houses, without any patent, has been sut-
fcently protected thus far from piracy by the ap-
parent inability Of others to initiate it with
| 1t is manifest, still further, that while Morse's
operates rapidly and records in species Of hiero
glyphies or stenography, which has to be translated
| into English. Houses moves much faster. and at
the astonishing rate Of sixty seventy strokes
breaks in second, and at once records the informa
| tion by it's own machinery in Roman letters. 1t
.'lightnins to letters" In sSert. the system of
Morse in one respect, viz tin its tracing or w,i.
ting, is essentially different as to its mode of record
ing from that of Houses 2, and depends on machinery
nri yOip nj in WI dnaa
not copy this, either in form substance, but re-
| cords in different Manner and By new machinery,
| ard by aid Of one new power in axal magnetism,
and Of another old, but different power in air, ap-
piled in a way And it does this in letters, not
sgus and with wonderful speed and accuracy.
| This was thing attempted before Morse or House
and to certain extent realized, though not then.
| by the same powers, nor then perfect so as to be
useful. (See AlexaIders and others before des
cribed) To be more minute, as before indicated,
TIE chief principle or Characteristic Of Morse's is
that by its typerule knob spring at the starting
place, it is able to make dots and lines, by break.
| irg the circuit, for shorter longer time, and
then being felt along the wires to the other end,
trace there on paper, passing overNo under the
reede or piu at the end of the lever, like dots or
lines, which remain on 1t permanently written, to
be afterwards by tie stenegraphc alphabet trans.
| late d into Roman letters and words.
This does not appear ever to have been accom-
plished before, go as to be turned to practical ac
tCunt-though developed in part ard approxinated
as before described-(See Steinheill and eshers.l
the circuit. Ii acts at both ends by means of sig
rails, ard traces notsing-snd at the closing erd
by the power Of air, operating on the type wheel 1t
literally prints the letter signalized on the rim Of
Such signals were known, and some used, long be
fore Morses patent-snd they are here perfected
ard printed by House in manner exceedingly in
| genious, Ispid and interesting.
| Without going into fuller details in explanation
| Of the principle In Houses machine-opera ting
unlike Norse's- (for which see B,rden's Ev., 3, at
lengih)-it may suffice to add, that the machine Of
the former at The stsrtirg point does not trace any
marks or diets and lines, but has signal letters
stamped on twenty four keys, like those of piano.
The operator touches one ofthese 50 as to hold the
circuit closed till, by mears OF the machinery, the
signal letter is presented ut the other end of
the Tim Of the type wheel whe re twenty four letters
are separately attached There the signal letter is
not then traced on tho parcr Ike Morses, by the
movem ent and tracing which have taken place at
the Other end-but this real letter on the type wheel
is itself printed On the paper-and others in rapid
succession follow till the words and sentences appear,
o. the paper rolls onward printed In perfect form.
10 will therefore be manifest that one machine
Morsestraces at the distant end what is traced at
the other; while Houses does not trace at either
end, but makes a signal of n letter at the distant
end which has been made at the other, aud thus by
new machinery, and new power of air a1d axial
magRetifm is enabled 10 print the single letter at
the last erd; ard this with rspidity marvellous,
end at the time novel and practicable for com
mercial use. In short one Is tracing or writing
teltgrsrh,-the ether signal and printing tee.
graph. This distinction between writing and
printing may not be very material for some pur-
Ioses when name or assent is wanting on paper.
as under the statute Of Frauds or in voting. q
Pick 3l3, and Hale vs. Hale Wood and MIN
Yet the art Of writing Is different one from the
art Of printing the latter being a modern inven
tion, and the former very ancient one,-and every
ere knows that the process to form each rests on
principles wholly different. (Cresman's Ev., Ill
T. Boynton Ev., l2O) Again, il must be con-
ceded that Houle uses a moving power, such as
the other does, for some purposes, when employing
electro ma gnctism between two stations. But thi;
bad long been mploycd by others for like purpose
before Morse or House used IL. and hence the con
duct Of the latter In this respects no infringement
There arc other material differences. The rest
CT the machinery in tha; is in Morses 10 timple
ard in sore respects hew; while the rest in the
other that Ia In Houses is ccmrlica.ed, is aide