Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-03-28
WHAT THE GOVERNMENT PRO
POSES TO PROYE.

granted to the claimants under Proi. Belis
telephone inventions, IS OF particular
interest to the users Of telephones in this
country. The strenuous efforts made by
the monopolles to break down this prose
cution, in pursuance Of which the most
relentless war has been made by them
and their organs upon two members OF
the presidents cabinet, and everybody
who has had anything to do with the
government side ofthe case, have given 1t
semi-political complexion and an inn
portance to the general public which
otherwise 1t would not have had A brief
view of the grounds alleged in support of
the government prosecution will be in
structiye to all who want TO acquaint
themselves with its origin and progress.
The petition recites the authority of the
government of the United States to repeal
and annul all letters patent granted by
accident, inadyertence, mistake or fraud,
or issued TO person who is not the true
inventor, or for an invention not both
new and useful. Then follows a detailed
allegation OF the history Of the Bell tele-
phone patents, by which it IS shown that
they were obtained by fraud, and the gov
eminent is asked to annul the patents.
Bell fled his first application for a pat
ent January 20, 1876. He did not declare
that his invention had anything to do
with the means of transmitting articulate
speech by electricity, but described 1t as
''an Improvement IN telegraphy." On the
l4th of the following February he filed
another application for patent, which was
slight Improvement on his former sys-
TEN OF telegraphy, but yet made no claim
that he could transmit artlculate speech
On the same day Prof Elisha Gray fled
a caveat for an invention expressly de-
clared to be 'to transmit the tones of the
human voice through a telegraphic cir
cult and reproduce them at the receiving
end of the line, so that actual converse
ton can be carried on by persons a long
distance apart" This caveat was filed
prior to Bells application for a patent.
BY law Gray was entitled to have his
caveat preserved in secrecy. Despite the
statutory requirement OF secrecy, the
examining officer OF the patent. Office
communicated to Bell the fact OF the
fling of Gray's caveat, as well as the
general nature of the claim made in it.,
and some information Of the particular
method employed. Bell followed up this
knowledge and induced some of the pat
ent officers to further violate the require
ment Of secrecy by setting on foot an in
quiry for Bells benefit as to the precise
time of day when Gray's caveat was filed,
''and thereupon, without any certain
proof and contrary TO law and the custom
of the Office, it was determined, contrary
to fact, that said caveat was filed after
said application, although the same day."
The patent office examiner, who mad the
matter in charge, without letting Gray
know of the question that had been raised
as to the time of fling, or of its determi-
nation, and without giving him an oppor-
tunity to prove the time of filing his
cayeat, announced to him Feb. 25, 1876,
that the notice sent him had been given
him under misapprehension and was
withdrawn.
1t was the 9TH of March,, following, that
a patent was issued to Bell, covering his
amended application for a patent foI
transmitting speech, but not until the
10th of that month did he ever obtain
artculate speech by an electric-speakipa
telephone. This was not achieved by
any device or apparatus described in his
specification or patent, but was obtained
by the liquid transmitter or water tele-
phone described in Gray's cayeat and de-
rived by Bell from the latter. Bells de-
vices, up to the time of filing his applica-
tion, did not transmit and deliver articu-
late speech. He did not intend so to
operate them, nor was hcaware that they
would do so. There is not and never
was, 1t is declared, an Misunderstanding
telephone in use made in accordance
win Belps alleged invention, and the in
strument used by the American Bell com
pany was not invented or discovered by
Bell. These are only part of the ale.
cations Of fraud on the part of Bell to
obtain his patents. They are the most
important, but there are numerous 9th.
ers. The names are given of twenty-six
persons, in this country and Europe, who
used the device Tor speaking by telephone
before Bell made his alleged invention,
The prayer Of the complaint is that, upon
proof OF the facts alleged, SIT be declared
that the patents were wronglully pro.
cured to be issued by means of fraud,
false suggestion, concealment and
wrong" and that they be declared null
and void.
II the allegations are established, the
government cannot AFFORD to stop at the
mere annulment Of the patents. II thew
were obtained by dishonest Moons, some.
body must have been guilty Of fraud. and
the duty Of Furnishing the guilty marty