Rock Island daily Argus., 1888-03-20
DRAWBAUGH DIDN'TSEE 1T
WHICH IS WHY HE ISN'T THE GREAT
TELEPHONE MoNOPoLlsT,

And Also why Prof. He'll Is-The snprcm'
Court Decides the Case On about thes'
Lines-An Iowa statute "Knooked Out
The House Goes In for Paper small
Change-voorhees Defines Himself
| WAsmNGToN CITY March 20 The de
| cision in the great Bell telephone case wa'
announced Monday by the Initod States
supreme court Justice Blatchford delivering
the opinion, The decision Is in favor Of Bell
on every point, but there is minority
| opinion signed by Bradley, Harlan and Field
which holds that Drawbaugh's claim %
| priority OF invention is good. The ma
| iority opinion is signed by tho chief justice,
| and justices Miller, Strong, ard Matthews.
| Justices Gray and Lamar did not sit ia the
case,
The opinion is very elaborate, In consider
| ing the question of the alleged anticipation
of Bells invention by the telephone OF Refs
| In Germany, the court holds that Refs dis
| covered a means Of transmitting musical
| tones and nothing more. Bells patent he
| ing for the process or art of transmitting
| speech, would have been just as valid even if
he had used the apparatus Of Refs in develop
ing it,
The court holds that the force of the testi-
mony showing that Drawhaugh had tele-
phones in use before the invention of Bell is
completely broken by his own conduct, and
by the indifference which he manifested with
regard to his alleged invention until years
after Bells telephones were known to the
whee world.
Referring TO the charge of fraud and collu-
sion in the patent Office by means of which
Bell, it is alleged, obtained slrreptitiOus in
formation with regard to the inventions of his
rivals, and then amended his own speciiica-
tions, the court holds that there was not the
slightest evidence to support this charge or to
cast the lslst reelection upon the integrity of
Bell or his attorneys.
The dissenting justices say in their opinions;
ave think that Drawhaugh did anticipate
the invention Of Mr.. Bell. We think that
the evidence to that point is so overwhelm-
ing, both with regard to the number and
character of the witnesses, that it cannot be
overcome. We also think that as early as
1871 he did produce an instrument employing
the magneto-electric instrumentality alto
gether substantially the SAME as that which
is claimed in Mr. Bells patent = and it seems
to us that ON this subject of time and
of result there is such cloud of wit
nesSes that it is impossible not
to give crNlenCo TO it, There is no doubt
that Mr., Bells merits are very great in ap-
preciatng the Importance of the discovery,
and in bringing it before the public in such
manner as to make 1t appear to be what it is
one of the most important discoveries of the
century He was man whose professional
experience and whose scientific attainments
enabled him to see at u glance the impor-
tanee Of it. Drawbaugh was a different
sort of man. He did not SEQ it. Had
be done so he would have taken measures to
interest persons in it with him, and have
brought it out If MIR. Bell on the
18th day OF January or February, when he
applied for his patent at the patent Office, had
had in his laboratory the things
that Drawbaughhad = he would have
exclaimed: Eureka, Eureka He would
have appreciated it, if Drawbnugh did not.
"What had he when he applied for his
patent On the 10Th Of June, 1870 they
thought they heard something, but were not
sure; but no knew the principle, and he
patented it. Up to the time Of making his
application for patent they had not succeed
ed in producing intelligible speech more than
u word or two. If Bell had done at that time
as much as Drawbaugh had done according
te the evhience, he would have had no hosita-
ton in claiming the greatest discovery that
the world has seen in the present century.
"Tlis is an outline Of the views which we
have on this subjeGt. We have nothing to
say depreoatory of Mr. Bell at all, for no has
great merits; but we think that this obscure
mechanic did do the thing and that he IS EN-
titled to tho merit of being the first inventor.
The opinion Of the ma jority of the court
was written by Chief Justice Waite, but as
he was suffering with a bad cold and did not
feel able to read 50 long an opinion, which
occupied in its delivery an hour and three |
quarters, it was road by Justice Blatchford.