The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-09-19
MILLIONS INVOLVED.
The Telephone Again In the Courts,
Permission Given by the Government to
Test the Bell "HellO" Patent.

MEMPHIS, TENN, September 11.-A bill
has been filed in the United States District
Court here which involves larger interests
than any ever known before. 1t is styled
the United States versus the American
Bell Telephone Company. The bill alleges:
]. That patent ia, Gas, ON which the exclu-
sve right to the "broad art of telephony"
was granted to Prof. Alexander Graham
Bell as the original and first inventor, and
which is the foundation of the American
Bell Telephone Company to said art, was
obtained from the United States by false
suggestion and fraud. 9. That the Patent
Office Examiner was deceived and imposed
upon in securing said letters patent. g.
That important secrets were disclosed to
s saie Bell IL by Srooa Patent tsatio Office
the act of Congress, which said
Bell took advantage of in obtaining said
exclusive grant. 4. That said Bell was
not the original and first inventor, and en-.
| titled as such to stand at the head of the
art" that his alleged invention was an
ticipated by others and we'll known by the
learned and scientific long prior to his al
legged discovery. 5. That he knew that he
was not the original and first inventor. g.
i
that he was such first and original in
ventor, and by suppressing the truth, by
false Suggestion and contrivanca, he pro.
cured said letters patent T. That
said Bep>s description of his alleged
Invention is fatally defective, and the al
legged invention itself, without other dis
coveries and invention on the art, is wholly
valueloss. 8. That as early as 1862 the
I electric speaking telephone was known and
publicly used by Philip Refs, the true in
ventor, who made various improvements in
the art between that date and his death,
which occurred in 1874, and that he sue
cessfully put his invention TO the test by
actually transmitting and delivering ar
ticulate speech; that said Refs not only
invented the art, but named the machine
for its use-''the telephone" 0. Tha,
others made improvements on the
art, and successfully employed it after its
discovery and prior to the alleged invention
of said Bell; that said Bell well knew thu
existence Of the art and the state of thu
Improvements thereon at the time of hi
! alleged invention. and obtained his paten
l by concealiug the fact and imposing on thu
l Patent Office. 10. That if he had fully ant
truthfulty disclosed what he.knew on tn
: 1 subject he could not have obtained said pat
ent. IL. The broad art belongs t.
the public because anticipates
by others, and the monop
\ | oily claimed and enjoyed by the American
Belle Telephone Company by reason of tn
said grant is unjust, wrong and Oppressive
to many improvers on that art, whose dis
coveries are covered by letters paten
from the Government. as well as to tn
n people at large of the United States. j
4 Il That grant so obtained should b
4 recalled, repealed and vacated, an
accordingly the bill prays that the sal
patent be recalled and repealed. Applica
tion was made to the Department of Jus
tice for leave to file the bill to repeal an
(recall the said grant, and upon prope
y showing the leave was granted and til
- / bill is filed upon permission so obtained
The bill is long and elaborate, and show
ing so strong was made to the Hon. ID.
McCorry, the District Attorney, that b
felt it his duty to lay the matter befol
10 the Department of Justice and ask permi'
,e sion to file bill in the name of the Unite
H. States, raising the direct question as
m the validity of said patent. The bill is
,e livery important one. The Bell grant
rs patent, as constructed by u
70 Bell Telephone Company IN
nopoly worth millions per annul
as it is understood. The struggle promis
to become of great interest. 1t is ne
turn in course of the conflicting claims
% to the originality of discovery touching tt
talking marvel. The Hon. H. W. McCor
ap will be assisted by CAN'T & Patterso
Wright g. Fowlkes, Morgan q McFarlar
Taylor & Carroll, and the Hon. Cas-
Young, of Memphis, and by Mr.. J.
Beckwith, of New Orleans, who have be
specially appointed by the Government
he that purpose.