Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-10-30
Bell 5 Phone OF None
Is the Choice Presented to Indi-
ana Citizens.
A DECISION BY JUDGE BLODGETT

Ruling Out the Cushman Telephones Be-
cause They Are an Infringement, Which
the Boosier Law That Regulates Prices
Can Not Jnstify-Grounds Upon Which
the Judgment Is Bssed-Two Months of
Grace Allowed the Defendant.
CHICAGO, Oct. 30.-Judge Blodgett rem
dered a decision in the injunction case Of the
Bell Telephone company against the Cush
man Telephone and Service company yes
terday sustaining the claims of the Bell
company and granting the injunction
prayed for. Mr.. Roberts appeared for the
Bell and Messrs. Goudy & Knight for the
Cushman company. After reviewing the
status Of the case up to date the court said;
"The defendants are engaged in furnishing
telephone service and operating tel
ephonic exchanges in several of the cities
and towns in the state of Indiana, and insist
that an injunction should not be granted on
that motion, because a few years since the
compliments grantees or licensees
established telephone exchanges and
furnished telephone accommodations
in some, if not all, of these cities,
but Withdrew therefrom after the passage by
the legislature Of Indiana of an act limiting
Tue idtts VI 'udi go ipl tho use u boiV'
phones and OF telephone service. | do not
think that the fact that the compliments
licensees or grantees have withdrawn their
telephone accommodations from these cities
furnishes any excuse or any defense for the in
fringement of these patents by these defend
ants. The law gives the owner of a patent
| the exclusive right TO the use OF the device
covered by the patent and rule that be-
| cause the patentee or owner OF patent can
| not agree with those who wish to use the de-
vice as to he price 10 he paid Tor such use
| authorizes another to pirate the patent with
\ IMMUNITY would he destructive OF all prop
erty in patents The counsel for defendants
insist that the main question inv lived in this
case is the validity of the Indiana statute
regulating charges for telephone service, but
| do not consider that question involved in
this motion. 1t was stated on the argument
| Of this motion-and doubt not truly-that
this question is on the way to be presented
at an early day to the supreme court Of the
| United States, which is the proper tribunal
to pass upon it. But it would be strange in
deed if when A is the undisputed or adjudged
| owner of a patent which wishes to use if
B is not willing to pay the amount demanded
by A for such use, therefore c can infringe
the patent and supply with infringing
machines and not be restrained from doing
SO when the validity OF patent an an in
fringement are maintained. 1t W urged
upon the argument that this court l. d de
clded in former case Of H e VS.. Knapp
that patentee who had not put his patent
into use was not entitled to an in junction.
| And that decision was invoked in
resisting this application for an injunc-
ton. /, however, think the case there
made was a very wi dely different one from
this. There the patentee had never made a
m schine nor put his patent in use nor al
lowed any other person to put it in use He
simply locked it up, so to speak, and kept
the public from the benefit of it. Here the
pstenUee has put his patent into extensive
Use, and 50 far as am informed. " can take
notice jndiciallY from the eyide. re in this
case, the state Of Indiana Is the only one that
hiss in any way denied the right of the pat
entee to collect the charges which were made
in that state and which were refused by the
Indiana statute therefore think that thu
case Of Hoe v Knapp isno authority in this
case and the injunction will be granted &C
cording to the prayer If the bill"
MIR Knight suggested 10 the court that if
the injunction became Immediately oper
alive it would deprive the people in the 10
diana towns cf telephone service, and asker
TO have he order limited so that the iniuuc
ton should no take effect 50 far as Elkb4Tt
ami South Bend we're concerned uulil Jan
|, 1883 III order thai the Cu,hnan company
might have time t. settle uB its affairs.
After a discuss On of The proposition. the
court agreeing with Mr. Kui4 ht'. suggestion
"a