New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-20
ABSTRACT OF TIE OPINION.

Fcllowine is an abstract Of the decision:
The opnion was prepared by the Chief Justice. but
owing to slight indsposiion he did not feel able 10
read It, and therefore requested Mr. Justice Blachford
TO read II for him. Tho Chief Jnstice began his "Ph
Ion with review Of the question raised as TO the SCOPE
Of the fifth clause of Bells patent OF March 4 lo'o'
that is whether the patent WIS for an art or process
of transmitting artcuste speech merely for an ap
paratus by which that Objeot could be attained Tho
CONT IN Of opinion upon this point that arfsculaic
stech Is enc Of the vocal other sounds referred
TO in the nth cian OF the patent Bell discovered that
srcech could be transmitted by gradually changing tire
intensity of a continuous electric current SO as 10
make |: pond exactly to the changes IN The
density of air caused by tho sound of tho voice
This was his art. He ffren devised a way In which
these changes OF Intensity rcnld he msde and speech
actually transmitted Thus hts art put in . con
dltion for practical In doing this both discovery
and Invention in the popular OF these terms,
vera discovery In finding tho art, and invcp-
ton In devisng tho means OF making 1t useful
What Bell claims Is the art of creating changes OF
Intensity In continuous current Of electricity. ex-
act1y corresponding the changes Of density IN the
air caused by the vibrations which accompany vocal
or other sounds. and OF using that electrical condition
thus created for seDdBg and receiving artculate
speech geographically For that among Other things,
his patent Of 1876 issued, and as such patent
1t must In the opinion Of the court. be sustained
1t Is said that the claim. If given this
broad construction. Is virtually claim for
speech transmission by transmitting II or,
In other words for all such doing OF thing as Is
probable by doing IT, II Is true that Bell transmits
speech by transmitting IT, and that long before he did
1t wa Ie.ieycd by scientists that It could he done
by means If electricity the tlec.r Cal eff CT cenld
10 produced Precisely low tia subtle force behaves
uner Halls treatment, villa; form II takes. no one
can tell All We know Is that he found out that 10y
chsa.edng the Intensity of Continuous current 50 ss
to mako correspond exactly with the change in the
density Of the air caused by sOnOOus Vibrations.
vocal and other sounds could be Transmitted and
heard at distance 1his was the thing 70 be done,
and Bell discovered the way of doing It. He was
the FIRST dscorercr, and with his discovery he as
iosished the sci n'fhc world. A patent for such
discovery is not TO DO confined TO the nero means
whloh the discoverer improvisod to prove the reality
of his conception. The oour is therefore OF opinion
that the patent must lie sustained as patent for
process art.
RTIs's IMPERFECT Discoveries
Tie Chief Justice then considered the alleged an
tlcipation Of BeIrs discovery by Philip Refs. Rei'
the Chief Justice said, discovered how 10 REPRODUCE
musL al tones, but 10 DID He could Stag
ihro,.eh A.. strax;rs but no could not talk, and
ftOm the beginning - the end be has conceded this
although his first paper published In 1861, and
DcH ia not appear a worker Ia the same field Of
scenisc restaIe. ,.'tii nearly III cen years after
wsid, advance lad been made by the use Of
whst he had contrived Of his methJd toward the
grsa. erd 10 be = complshcd. After reviewing tho
history OF Teis's Invention tho Chief Justice said
1t Is not conieDded that I.cs succeeded In ac-
tualy transmitting speech, but Only that his instru
nicni capable OF II II he had only known how and
al his experiments la that direction failures IL
vas left i,f l.ll to discover thai these failures
due, rot to bad Workmanship In Eels's Instruments
but to tho principle which adopted as the basis
oi "hat hoi 70 be doie. Under such cir