The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1888-03-22
THE TELEPHONE SUITS SETTLED.
Bells Claims Sustained at Every Point
Drawbaugh's Ruinous Seglect-A
Scant Majority for the De-
cision.
[Daily News J

WASHINGTON, March 19.-Justice
Blatchford to-day read the long and eX
haustive decision Of the Supreme Court
in the Bell Telephone case. In con-
sidering the question of the alleged an
ticipation of the Bell invention by the
telephone of Refs, in Germany, the
court holds that Reis discovered means
of transmitting musical tones and moth
ing more. Bell's patent being for the
process, or art, of transmitting speech,
would have been just as valid even if he
had used the apparatus Of Refs in de-
veloping it. The court holds that the
apparatus Of Refs was not successful in
transmitting speech, and that his in
vention was not in any respect in an
ticipation of the discovery which was
made by Bell. All points considered III
the courts opinion were decided in
favor Of Bell, including the points set
up in the claims of Refs, Wander Wyde,
McDonough and Drawbaugh. Justice
Bradley read an opinion dissenting
from the decision of the court. Justices
Field and Harlan also dissent and JUS
tices Gray and Lamar did not sit in the
case. The Bell patents are, therefore,
sustained by a majority of one, the
court standing four t. three. The court
holds that the force of testimony show
ing that Drawbaugh had telephone in
Use before the invention Of Ben is COM
pletely broken by his own conduct, and
the indifference which he manifested
with regard TO his alleged invention
until years after Bells telephones were
known to the whole world. The Draw
baugh claim is decided to be unsustain-
cd. Reviewing the allegation of fraud
and collusion in the patent office by
means of which Bell, it is alleged, OBJ
tanned surreptitiouS information with
regard to the inventions of his rivals,
and then amended his own specitica-
tions, the court holds that there is not
the slightest evidence to support this
charge, or to cast the least reflection
upon the integrity Of Bell or his attor-
news. The dissent Of Justices Bradley,
Field and Harlan is based upon the
Drawbaugh claim. These three Justices
are of the opinion that the evidence
overwhelmingly shows that Draw
baugh was the first inventor of the
speaking telephone, although be was
unconscious Of it, and was not aware OF
its Importance. The opinion ofthe ma
iority was read by Justice Blatchford
out it was prepared by Chief Justice
Waite. The latter, owing to slight in
disposition, did not feel able to read so
long an opinion, which occupied in the
delivery an hour and three-quarters,
Immediately after the conclusion o. the
reading of the opinions in the telephone
cases, Justice Lamar began the reading
of his first opinion as member of the
United States Supreme Court, the case
being No. 163, Missouri River Packet
Co. VS.. Hannibal d ST. Joseph R. R. Co.
The point involved was the construc-
ton to be given to the law of Congress
authorizing the building of a bridge for
the use Of the railroad company across
the Missouri river at Kansas City. The
judgment Of the Supreme Court of
Missouri in favor Of the, Hannibal & st.
Joseph CO. was affirmed.