Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1883-07-20
WHOSE is TIE TELEPHONE.

II it could be proved that the telephone is
not the peculiar property, by right of inven-
ton, OF either Bell, Gray or Edison, but of
the people of this country-an invention, in
other words, transported in its idea from the
old world-the present heavy royalties on
the patents covering the instrument would be
removed. and every citizen of the United
States, rich or poor, could afford to enjoy the
inestmable privileges and advantages which
its use affords. As it is now, the telephone
is only luxury for the few. The majority.
of the people have to get along without it.
Its use is confined, mainly, to professional
and business men and TO the Weather
classes.
Now, we would not on any account urge
course of action liable to deprive any man
of his just rights and deserts, even for the
good of the larger number, still in case there
was reasonable ground for questioning whcih-
or the advantage on the part of the individ-
ual were fair and honorable, we
should be IN favor of strict exam
ination into the justice of his claims.
The question as to who is the righ,ful claim
ant, 50 far as the introduction Of the telc-
phone into this country is concerned, has
been, We think, satisfactorily answered in
favor of Professor Bell-his experiments, so
called, and models, being the earliest if not
the most perfect submitted to scientific men
in this country. But the question as to
whether Professor Bell is the inventor of the
telephone, remains unanswered. 1t is said
that Prof. Sylvanus p. Thompson has a
book in press, which will throw the great
est doubt upon Professor Bells claim
The object of this work is to show that long
before Prof. Bell applied for patent in this
country Johann Philip Refs, "a German scion
fist, had not only discovered and made public
the possibilities of such an instrument, but
| had constructed telephones possessing all the
| essential features of those now made and
working on precisely the same principles.
REFS telephones were not only described in
the public prints but diagrams of their parts
appeared in the reports of scientific bodies
and. what is still more TO the purpose, they
| were manufactured and sold in the open
market. 1t will Of course, be understood
that both the supply and demand were then
extremely limited, as the commercial import
ance of the invention was not at first recOg-
nized, but the fact remains that the telephone
was invented, described manufactured and
sold in Germany before tie telephones of
Bell, Gray aud Edison were heard or dream
ed of.
If these facts can be successfully proved,
Bells monopoly of the telephone in this
country ceases. The patent laws of the
United States expressly declare that no in
vention which has previously been described
in the public prints of any foreign country,
or can by other means be shown to have
been known and in use, shall be covered by
letters patent in the United States. In other
words, an invention must, so far as possible
to ascertain, be new not only to America bu
to the world.
Ii some such provision as this were no; made,
how would the commissioners of patents know
that they were not setting their seal of ap-
prevail to the verest and most contemplate
fraud-the stealing cf other mems invcE-
tions? They would have 10 keep them
selves familiar with all the scientific jour
nails and patent reports of the world in Or
der to be able to detect deception on the part
of would-hc patentees. The ruling, there
fore, will be seen to be, on the whole just
one, although in some instances. in which
an idea simultaneously, or nearly simultane-
ousy, occurs to two inventors in different
countries, its enforcement may seem some
what hard.
We are inclined to think that Prof. Thomp-
sons contribution TO the literature of the
subject will be decidedly an effective one. II
his dates are correct-and they can easily be
determined when the discussion of the sub
ject fairly opens-there is no room for doubt
that the German REFS was far in advance of
the telephone inventors in America. He is
known to have discovered the electric trans
mission of speech in 1860; he described and
exhibited his telephone in 1861, and in 1863
it was further perfected and exhibited before
the Emperor of Austria and the King of
Bavaria.
Give American inventors full credit for all
the improvements they have made in the in
strument, and protect them In all rights Of
this sort, but do not let them impose a heavy
royalty on the American people for the patent
of the telephone, If It can be proved that the
Instrument was invented in Germany.