Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1888-03-20
News by Telegraph
FROM ALL QUARTERS.
THE TELEPHONE SUIT.
Bells Patent Sustained By
The Supreme Court.
A DISSENTING OPINION.
King Frederick's Inaugural
Message.
BLIZZARD NEWS.
Proposed Aid To Disabled
Confederate Veterans.
BLIZZARD NEWS.
BELL TELEPHONE VICTORIOUS.

i
Decision of the united states Supreme
| oourt-A Dissenting Opinion.
| WASHINGTON, March 19.-The decision Of
the United States Supreme court in the tele-
| phone cases has just been announced by
Judge Blatchford and is in favor of the Bell
Telephone company on all points and in all
of the cases.
Judge Bradley read an opinion dissenting
from the decision of the court Judges Field
and Harlan also dissent and Judges Gray and
Lamar did not sit in the case. The Bell
patents are, therefore, sustained by major
ity of one, the court standing four to three.
In considering the question of the alleged
anticipation of Bells invention by the tele-
phone of Reiss in Germany the court holds
that Reiss discovered means of transmitting
musical tones and nothing more. Bells
patent being for the process or art of trans
hitting speech would have been just valid
even if he had used the apparatus of Reiss in
developing it.
The court holds that the apparatus of Reiss
was not successful in transmitting speech and
that his invention was not in any respect an
anticipation of the discovery which was made
by Bell.
The court holds that the force of the testi-
mony showing that Drawbaugh had tele-
phones in use before the invention of Bell is
completely 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 Drawbaugh claim is de-
clared to be unsustained.
The decision reviews the charge of fraud
and collision in the patent Office, by means
of which Bell, it is alleged, obtained sur
reptitious information with regard to the
inventions of his rivals and then amended
IL l., j. Il.
there is not the slightest evidence to support
this charge or to cast the least reflection up-
on the integrity of Bell or his attorneys.
The dissent of Judges Bradley, Field and
Harlan is based upon the Draw baugh claim.
They are of opinion shat the evidence over
whelmipgly shows that Drawbaugh was the
first inventor of the speaking telephone, al
aware of its Importance.
The present decision of the Supreme court
is the most important yet given as to the
ownership of the telephone patents. The
history of the tremendous litigation over the
telephone patents requires no less than doz-
case alone, that of Bell against
Drawbaugh, said to have been
more than 500, 900 for each side.
The cases now finally decided by the Su-
preme court are five in number, in each of
which the Bell company has figured as plain
courts The Supreme court has now review
ed these decisions The companies against
which this decision is final are the Dolbear,
the Drawbaugh, the Clay company OF Phila-
delphia, the Molecular company of New York
and the Overland company of New York.
WAsHINGToN, March 19.-No dissenting
opinion has been prepared, but Justice Brad
ley stated the grounds of the dissent as fol-
lows: Mr.. Justice Field, Mr.. Justice Harlan
and myself are not able to concur with the
the other members of the court in the result
which has been reached. The point on which
we dissent is the question of Drawbaughs
invention or alleged invention. We think
Drawbaugh did anticipate the invention.
We think the evidence on that point
is so overwhelming, both with regard
to the number and character of
the witnesses that it cannot be overcome. Of
course it is a question of fact, depending up
on the weight of the evidence, and involves
no question of law, and therefore it is mat
ter that does not require much observation
on the part of those who dissent from the
opinion that is ably drawn and presents the
whole case with great force undoubtedly.
But on this point we cannot concur in the
views of the court We think that Draw
baugh did have an instrument in his shop as
early as 1869 which used the variable resist
ance instrument in transmitting articulate
speech to a distance and was distinctly heard
and understood by means of electricity.