The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-11-09
TIE rrIrrHoNEc CASE.
Peculiarly Good Fortune Of the Bell Patents
-ThN Attorney. Generals Part.

Scientific Ameriean.
The Bell telephone patents seems to be
peculiarly favored by fortune. After adj
verse action by the circuit cout', their
opponents sought tho aid OF the govern
ment, endevoring to make it assume role
Of public prosecutor, SO as to decide the
validity OF the patents finally on their
merits. The Attorney Generals depart
ment was manifestly the proper enc TO
prosecute the case. But on reference to
him, it was found that he owned some
outside telephone stock, was therefore in
terestei in the defeat OF the Bell patents,
and so could not properly act as prosecut-
ing officer. Hence q suit that had been
begun by his subordinates, and which was
starled Oh such basis as would, II any
thing has the power, insure the iuli trlSl
OF the case, had to be Discontinued. Their
fortune did not desert the Bell Company.
The most menaciDg suit ever Instituted
against them was stopped.
1t is ofimperative necessity TO the pub.
lie that these patents be impartlally in.
vestigated BY q competent tribunal. The
suit Just discontinued was a public need.
What tho Attorney-Generals duty ls in
the matter ia hard to say. 1t would seem
asking too much to suggest his resignation.
Ii; while owning steak in an adverse COM
pauy, he was to prosecute the suit, public
opinion would he Clsmorous against him,
would make him waver in his action, and
wouid PROFESSIONALLY bias the mind OF
the court strongly against him. He might
sell his stock, but even il he did 30, he
would still appear as one working for the
cause OF his flienjs. The ownership by
the public prosecutor OF few shares OF
tele phone stock has become lifted into the
dignity Of national misfortune.
The rejection Of Morse's claims to the
transmission Of signSls by electricity is
historic. He was trying to patent nat
ural force. The patentee Of the telephone
has in effect done this very thing. His
claim as construed by the circuit court
covers the transmission Of articulate
speech by electricity. His lawyers, with
wonderful ingenuity, have captured the
minds OF the judges. They have evolved
theory OF an undulstory current, and OF
corresponding movements Of the two tele-
phone disphTagns, that they can stretch
to cover any electric telephone. A point
OF such abstract theory as this ia made
one OF the central features OF their de-
Tense. The probability that there is no
such thing rs an electric current, the in
capacity OF an induction coil for general
ing continuous current in any sense, the
probable inoperatiYeness Of any undula-
tary feature that may be accidentally
present in telephone currents, are
all lost sight Of, or are cleverly
ovaded, and the fiction OF an un-
dulatory current is kept up. A number
OF suits have been decided on final bear
ing by the circuit courts, and always with
the same result, victory for the patents.
But Just as inevitable as the result was an
in the issue as presented.
The defendants always made admission
OF some OF the points OF attack. Infringe
ment was admitted in one case, claims OF
other inventors were left out in others
The question Of validity never yet came 10
trial upon its merits. At last, in the
western district OF Pennsylvania, such
case came up on motion for preliminary
injunction. Every effort was made 10
meet the motion by full defense. All
the points that could be raised against the
Bell patents were 10 be used. Even
series OF ReiE and other telephones were
prepared for exhibition, and personal
aurcular trial by the court to prove anti
cipation.
The case was opened by the patentee's
counsel, in an elaborate address, lasting
several days. After the openingha been
only commenced by the defendants, tho
Judge announced that he should in any
case be guided in his decision by what his
brethren OF tho circuit courts had already
done, and should grant the injunction.
This action was taken in the face OF the
fact that q new set OF issues, because a
complete set, were open for the Judges
consideration. or course in the normal
course OF things the suit will come even
tually to final hearing, but the treatment
OF the elaborate and lull resistance TO Il
preliminary injunct on is a good illustra-
ton OF the remarkable prestige held by
the owners OF tho Boil patents. From the
character OF the counsel and capitalists en-
gagged and interested in this suit, much
may yet be hoped for from it.
Distinct allegations OF fraud in the
granting Of the Bell patents bring them
within the province OF action Of the Attor-
ney-G General. He should have tried the
case in the circuit and eventually in the
Supreme Court, rs no one else could. The
action would come from such new quar-.
ter that the circuit court judges would be
to greater or less extent Tree from the
influence OF former decisions. A way
seemed to have been found in which to
try the Cagc de moro, upon its merits, un-
affected by decisions in other cases. IN
fortunately, it had to be abandoned.
The natural tendency would be to lock
TO the Supreme Court for the remedy.
Tho Bell patents have never appeared be-
fore that tribunal. When they do, in the
natural order OF the different suits, the
first decipions will DO rendered upon in.
complete issues. Before full presenta-
ton OF the case is made. the Bell Company
in every probability will have secured sew
eral Supreme Court decisions. Each OF ouch
decisions will make the ground Of attack
doubly hard for the next suitor. Thus II
appearB that there is little chance for
decision that will DO satisfactory, because
complete one, for many months; and
when the time for such action arrives, the
court will quite probably have behind it
and be guided by a series OF dccislons In
the patents favor. all this shows how
well the case has been engineered by the
eminent counsel retained by the Bell
Company. The patent, in ittcli, is
far from being the basis OF the
prosperity OF its owners. it has
not merit enough in 1t to give
It that position. But combination Of
great business with great legal talent has
made II the cornerstone for IN unprece.
dented structure. One hundred millions
OF dollars at the time OF the hearing Of the
suit was commonly assigned
as the value Of the interest. Since that
period II has certainly increased in value
and in apparent stability. This immense
reefs on and is based on the
theory that in all telephone systems
speech is reproduced by ian undulatory
- :