The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1885-09-17
MILLIONS INVOLVED.
The telephone Again in the courts.
Permission Given by the Government to
Test the Bell "Hello" Patent.

MEMPHIS, Tenn. September 1l.-A bill
has been filed in the United States District
Court here which involves larger interests
than any ever known before. Ii is styled
the United States versus the American
Bell Telephone Company. The bill alleges:
/. That patent 74,6i5, on which the exclu-
sive 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, Q. That the Patent
Office Examiner was deceived and imposed
upon in securing said letters patent; 3.
said Bell by a Patent Office
official in direct violation OF
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-
"art I" that his alleged invention was an
ticipated by others and well 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. O.
That he, nevertheless, falsely made oath
that he was such first and original in
ventor. and by suppressing the truth, by
false suggestion and contrivanc', he pro-
cured said letters patent. Z That
said Bells 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
valuelsss. 8. That as early as 1861 the
electric speaking telephone was known and
publicly used by Philip Refs, the true in
vQnf0r xvh IN ms ia varf0ue mi 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-s'the telephone" o, That
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 the
existence of the nrt and tho state of the
improvements thereon at the time of his
alleged invention, and obtained his patent
by concealing the fact and imposing on the
Patent Office. 10. That if he had fully and
truthfully disclosed what he knew on the
subject he could not have obtained said pat
emit. IL. The broad art belongs to
the public because anticipated
by others, and the monop-
oily claimed and enjoyed by the American
Belle Telephone Company by reason of the
said grant is unjust, wrong and oppressive
to many improvers on that art, whose dis
coveries are covered by letters patent
from the Government as well as to the
people at large of the United States. -.
That a grant SO obtained should be
recalled, repealed and vacated, and
accordingly the bill prays that the said
patent be recalled and repealed. Applca-
ton was made to the Department CT Jus
tice for leave to file the bill to repeal and
recall the said grant, and upon proper
showing the leave was granted and the
bill is filed upon permission SO obtained.
The bill is long and elaborate, and q show
ing so strong was made to the Hon. II. w.
McCorry, the District Attorney, that he
felt 1t bis duty to lay the matter before
the Department of Justice and ask permits
sion to file bill in the name of the United
States, raising the direct question as TO
the validity of said patent. The bill is a
very important one. The Bell grant or
patent, as constructed by the
courts, secures to the American
Bell Telephone Company mo-
nopoly worth millions per annum,
as it is understood. The struggle promises
to become of great interest. 1t is new
turn in course of the conflicting claims as
to the originality OF discovery touching this
talking marvel. The Hon. H. w. McCorry
will be assisted by CAN'T & Patterson,
Wright & Fowlkes, Morgan e. Mcfarland,
Taylor g. Carroll, and the Hon. Casey
Young, of Memphis, and by Mr.. j. X.
Beckwith, of New Orleans, who have been
specially appointed by the Government for
that purpose. III