The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-23
THE COURTS.
IMPORTANT DECISION AFFECTING TEIlEGRAPHIC
Observation-Disclosures MEMORIES FURTHER

IMPORTANT DECISION AFFECTING TELEGRAPHIC
NEUTRALITY-SUSPICIOUS. EAdoRIEs-FURTHER
TESTIMONY IN THE DAvEN + OFT INVESTIGATION
decision rendered by Judge Blatchford. in
the United States Circuit Court. yesterday in the
suit of Clinton G.. Colgate, assignee of George B.
Simpson, against the Gold and Stock Telegraph
Company. motion had been previously made for
preliminary injunction restraining the defend
ants from alleged infringement Of letters patent
issued to George B. Simpson May 81, 1867 for an
improvement in insulating submarine cables. Tho
suit is similar to one brought against the Western
Union Telegraph Company. and in which the valid
ity of the patent sustained By it is claimed 80
combination Of gutta percha and metallic wire in
such form to encase . wire wires other
conductors of electricity within the non conducting
substance (gutta percha), making submarine tee-
graph cable at once flexible and convenient, which
may be suspended on poles in the air sub
merged in water buried in the earth to any
tent for atmospheric and submarine teegraphic
communication. and for other electric, galvanic and
other uses. In the answer to the suit the infringe
ment was not denied and the novelty of the inven-
ton was denied as defence to the motion. After
the conclusion of the suit against the Western Union
Company Clarence A. Seward sent to Europe
behalf Of the defendants to collect evidence for this
defence. and his report was read during the argu-
ment upon the motion. In this contained
extract from the Bremen Gdsette of December 10.
1S47, giving account Of the trials which the Ger
man government YVES causing to be made concerning
the introduction of the electromagnetic telegraph.
and stating that experiments had resulted in favor
OF laying the wires underground in coatings Of
gutta percha second point for the defence raised
in Mr.. Stewards report was statement in regard
to O patent taken out in Europe by one Rutter
December 90, lS47 The specifications of this patent
examined by experts. In regard to it
Impossible to gather from ''the slight mention
made in the specification OF the uses of gutta percha
what the patentee understood OF its uses capa-
cities, and l am by no means convinced by the
specification that the patentee supposed that gutta
percha was itself an insulatory material
Upon the general defence Judge Blatchford, in his
decision, says:-"Under such circumstances, where
tho patent has been sustained final hearing
against the largest and most wealthy telegraph cor
poration in the country, after exhaustive research
and full testimony ard argument. and when,
here. the Western Union Telegraph Company is
the defendant, and the relations of the two COM
panies shown to be such that the defendant is
it is incumbent on the defendant. in adducing
any matter in this case on this mo-
ton to make it extremely probable at least
that If such new matter had been put in evidence in
the former different result would have been
reached by the Court With regard to the article
taken from the Bremen Gazette Judge Batchford
says -It is evident that it contains more infor
nation than similar article in another foreign
paper produced on the former trial. Neither of
struct telegraph cable according to Simpsons
specification. Other modes Of laying wires in coat
1ngS or 6utta pcrcnA might De INCLUDED IN the
phraseoloey of the articles other than the mode of
encasing the wire in complete. uniform coat of
gutta percha such as is described in simpsons pat
ent While therefore, 1t Is easy for us ut the present
day to suggest. from our older knowledge since
quired, what Lieutenant Siemens might have done.
and to now suggest that his wires were COM
pletely covered along their whole length with
continuous and homogeneous uniform coat
ings of gutta percha yet that information
was by no means conveyed to the telegraphic world
by the publication referred to-" With regard to the
Rutter patent he says:-"The afiidavits of the
perts for the defendants and the argument of
sci are largely founded the erroneous view that
Simpsons patent is invalid If he not the first
percha. 1t is true that in the former it held
that Simpson the first discoverer of the insuat-
ing property OF guta percha, being prior to Fara-
day, but before stated the claim of the patent
manner by which that discovery is made use Of
Undoubtedly, If the structure OF Simpson, de-
scribed and claimed by him. were described
publication patented OF date earlier than Smp-
sons invention, but stated to be made for under
ground aerial use, ana not stated to be made for
submarine use, it could not subsequently be
patented for submarine But Simpson
the first inventor OF such structure
he has the right under his patent to the exclusive
of 1t for teegraphic electric to which it
is adapted The proper to be entered il that q
preliminary injunction issue to restrain the defend
ant from making the invention described and
claimed in the patent, and also from using the said
invention except upon the identical wires and cables
now used by it. The question OF the issuing of a
preliminary injunction to restrain the further use
of the identical gutta percha insulated wires or
cables used by the defendant postponed until
the masters report is received. Joseph Guttman,
Jr, is appointed master, to take evidence to what
shall be reasonable license fees for the future of
the invention, and also the question of what, il
anything. could be substituted Tor the gutta percha
covered wires now in use."