The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-09-29
The Two Rivals,

Lone BRANCH, Sept. 2s.--lSpeclal,l-
Juass Wallace, oa Saturday, denied
the motion OF the Western Union COM
pany for an INJUNCTION to restrain the
baltimore II Ohio Telegraph con pany,
Its agents and employees from using
Stsarn's condenser patent in duplex
ana quadrupleX tolesraphy. This Is
the most Important decision which nas
heen rendered in teleSraphic litigation
slnee the celebrated case Of Morse va,
y neilley, 80 odd years ago. The latter
SUIT vas hrough, 70 determine whether
patent Ter principle or method of
operation was valid, and the supreme
court decided in the negative. At once
thereafter the telegraph began TO
make rapid strides, aud lines were
built to all the leading cities In tho
case just decided by Judge Wallace A
somewhat similar question has been
ueciued, though In point OF fact
MS decision sdeals particularly with
the validity OF reissued la tiers patent.
me working OF u duplex or quodru-
pick is practically impossible except
on very short lines OF telegraph with.
out condenser or Leyden lar to neu-
iailza what Ia known as the static
cuarse ana discharge OF elociriclty. ] !,
D. stesrns secured "A patent In 1872 for
device, whereby condenser was
combined with the circuit In guch A
manner as to overco ne ali tho evil Of.
fects of the "aick," and for IL ysars
the Western Union company have
had y complete monopoly OF the in.
vention. In 1873 tho patent was re-.
issued, ana again III 1882. Ten wears
alter the date OF the original patent IL
was ags,u reissued in three divisions
or separate patents tho QUO simple
original claim being expanded to nine
claims and arranged that, ike q dra-
son, every later device would
oe covered; but by seeking tust
20 inclade all similar devices. The
western Union company made fatal
error, for simultaneously with tho 10.
sue In 1852, OF the rsissued letserR-pst-
ant tAo supreme couft OF tho Ueited
States decided Ia Miller W.. Bridge.
port Brass csmpsoy that al reissues
% lgt1ly construtet, aud thls ilsa
oi opinioa has b.en followed a nuner-
GUS later chses, and this Is tho rock on
whioh tae Stearns condenser pataut
has split. For ysars the Western
Union "empany has exacted heavy
tribute from the American people on
TWO Nrounde: First, exclusive railroad
contracls; second, tho monopoly Ia
the East 0f the duple aud quadsuplos.
The long aud unbrokoa Succession OF
legal trtumphs achieved by the Bali
more u OHIO telegraph company dur
log tho past 10 years, and ending only
last wetk in the suit a, Little
Rock, involing the right OF
the State TO grant
toa telegraph company the right to
bnild lines on railroads over which OK.
| elusive privileges were claimed by the
western Union need, only be ro-
called TO satisfy every ono who gives
tho subjects q moments thought tha,
| exclusive railroad contracts are things
OF the past, so far, at least, as telegraph
companies arc concerned. The Law,
OF nearly every State in tho Unior
now provide for free tradu in this re
spect, and these laws have been ur
heid by nearly q hundred difforen
courts, both State and Federal. FoI
years, also, has tho dear public hssr
taxed on account of the qusdruDlex
which has been controlled until nov
by the Western Union company OK
eiusively. But like exclusive railrosd
contracts, this source of revenue to tn 4
| mOnopoly is gone, and cheap tele
Grapby, which the Baltimore & Ohio
company inaugurated q year ago as
an experiment, hss now booane q
permanent thing. No moro will III,
public bs called upon to pay 70 con,s
for, 10 words to places within 1,O0C
m'lpf, az the Baitimn,o Il Ohio com.
pany has cut tho pre- GsWn one-hali
or two.thiidu, aud lno decision OF
Judge Wallace will insure contin-
uauce Of these immense reductions.