The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-07-21
tEtEPH0 6 IU>SEl
q UtII IN = . lNIII =
= i-a-ss--s-s
AND ThEBtTER MAY BE Br4+EE.
TbsBoll Company May Feet the Paz-
Eectric's Fangs Suit Filed
Charging the DeIi Patent
Void Where - Intsrferes.

hessrs. Morgan & Mcfarland, attor-
neys of this city, yesterday filed in the
United States Circuit Court, az sttor-
neys for the Pan-Electric Telephone
Company, = bill against the American
Bell Telephone Company, an abstract
Of which bill is as follows:
First-The bill charges that the Pan
| Electric Telephone Company owns let
| ters patent for novel and useful i'm
PROPONENTS in phoning-brlngipg
the art 10 tho highe state Of perfec-
! ton,
Second-Ths Bell patont and the
! Pan Electric interfere, and the Boil Is
void or invalid Ia toto, or TO the extent
OF such interference.
Third-The Bell has slaudered and
mlsrepresent9d tho patents and in
yentiOns of ITS opponents, eXaggera.
led and fals!fied its successors by liti-
cation or by publications, letters, So
| c!et circulars and verbal threats and
men9ces, and hes kept its opponents
from introducing the improved t6le-
phone, and thereby greatly damaged
! it, opponents, whilst, ct the same
time, depriviug tho public of r better
| and cheaper telephone service.
Fourth-That the Bell tolephOnopat-
| ent OF March Z, 1876, Is rot useful; no
| telephones used which are constructed
| in accordance with that patent. The
Bell does not use ia its telephone since
its original patent, but usoB tho dis
coveries Of others. No practical and
useful instrument was ever ia uso con-
stfucted after the Bell patent. The
patent is only used t. liugate with.
| The ideas OF others form and iassiOn
the practical-commerc telephone.
| Fifth--Bel. WAS not tho frat and
original inventor OF the art. II was
known to Philip Refs, OF Germany,
who died in 1874, leaving description,
| figures and mOdels covering the art,
! md showiug that Reis had fully con-
ceiyed II and whatever has since been
| done improvement on the art as Refs
conceived 1t, and that Rois' invention
was published in Europe aud America
long before Belrs patents.
| Sixth-That with the materials used
by Rsis, and none other, and pursuing
exactly his ideas a. left in his descrlp.
ton, figures and models OF tho art, o
telephone possessing capacity to Trans
init and deliver articulato speech can
be constructed, that Is speaking tele-
phone, and when constructed, 1t will
be equal II not superior to telephone
constructed after the manner OF the
Bell patent OF March 7, 1876.
Seyenth-That tho test isi the
sPsssl9g faculty and adt K Witb
change or addition or improvement in
any particular whatever, possess the
speaking faculty.
Eighth-That the litigation on
tho subject has been OF
four classes: /. Collision suits;
suits in which there was no con-
tests or opposition; 3. Suits in which
1t was conceded that Bell or bis oppo-
nent in the suit was the inventor, and
in which the inquiry was which OF
the9o was the first; 4. Suits In which
tho validity OF the Boil patent was
conceded, and the question was simply
al Infringement,
Nlntk-One case has been decided in
which tho broad question was made
whether Bell was tho first Inventor or
not, I'm which 1t was decided that he
was, but the conclusion was reached
by hudlug G5 a matter Of f2ct that the
Roia conception OF tho art y rs incRpa-
bic of talking without Improvement.
This fundamental and deCisivo fact Is
just the other way as complainant
will demonstrate by actual tosts, un-
der coudi ions that will leave no room
to question the fairness oil the tests,
and which compliments are ready TO
provo by instruments already con-
structed.
Tonth-Thst Bell knows the danger
Of tho tsst, aud has so managed in tho
past litigation as to eygde IL, except
In one case, and Ia that the truth was
suppressed aud the judge was led into
a misconception of il.
Eleventh The bill sets out
all the cases in which
Bell has attempted to sustain
his patent, and shows fully that those
cases do not settle the questions al
issue and arc not in tho way of the
PAM Electric ia this litigation rs to It's
improvement, and that compliments
telephone Is superior to all others az q
commercial instruments Memphis
Avalanche.