Los Angeles daily herald., 1888-03-20
THE TELEPHONE.
Bells Patent Sustained BY
the Supreme Court.
DISSENTING OPINIONS FILED.

OiiO CupIcllt OOufJs
DISSENTING OPINIONS FILED.
Drawbaugh's Claims Held to be
Invalid-0ther Important
Decisions.
IAssociated Press Dispatches to tn eHErAIpl
WASHINGTON, March 19.-The Su-
preme Court this morning delivered
an opinion III the Bell Telephone caso.
In considering the question Of the
alleged anticipation Of Bells inven-
tion by Telephone Refs in Germany.
the court holds that Refs discovered
means Of transmitting musical tones
and nothing more. Bells patent
being for . process or art Of transmit-
ting speech, would have been just =
valid even If he had used the appa-
ratus of Refs in developing it. The
court holds that the apparatus Of Reis
was not successful in transmitting
speech, and that his invention was
not in any respect an anticipation al
the discovery Of Bell. All points thus
far considered in the courts opinion
in the telephone cases have been de-
cided IN favor of Bell, including
points set up in the claims of Refs,
Vanderweide and McDonough.
Justice Blatchford is now az AS r.
NJ reviewing the Drawbaugh case.
The Court holds that the force of
testimony showing that Drawbaugh
had telephones in use before the In
vention of Bell is completely broken
by his own conduct and the indiffer-
ence which he manifested with re-
gard to his alleged invention until
years after Bells telephones wero
known to the whole world; Draw
baugh's claim is declared to be un-
sustained. The decisions as am
nounced are all in favor of the Bell
Telephone Company on all points.
DISSENTING OPINIONS.
Justice Bradley read decision dis.
senting from the decision of the court.
Justices Field and Harlan also dissent
and Justices Gray and Lamar did not
sit on the case. The Bell patents,
therefore, are sustained by q majority
OF one, the court standing four to
three. Justice Blanchard, in review
ing the charge of fraud and collusion
in the Patent Office, by means Of
which Bell, it is alleged, obtained
suYreptitious information with regard
to the invention of his rivals and then
amended his own specifications, held
that there was not the slightest evil
dence to support this charge or to cast
the least reflection upon the integrity
Of Bell or his attorney.
OTHER OPPOSITION.
The dissent of Justices Bradley,
Field and Harlan is based on Draw
baugh's claims. The three Justices
are Of opinion that the evidence
overwhelmingly shows that Draw
baugh was the first inventor Of the
speaking telephone, although he was
unconscious of it and was not aware
of its importance.
The opinion of the court was pre-
pared by Chief Justice Waite, but
owing to his indisposition Judge
Blatchford read it for him.
ANOTHER KNorTY QUESTION.
A decision was also rendered in the
case of Bowman Bros. vs. the Chicago
and Northwestern Railroad Company.
which involves the validity OF the
statute of Iowa forbidding railroad
company to bring intoxicating liquor
into that State unless such company
has been furnished with q certif-
cate from the County Auditor
of the county into which the
liquor is to be TRANSPORTED.
showing that the consignee is legally
authorized to sell it. The court holds
that the power to regulate or forbid
the commodity after it has been
brought into the State, does not carry
with it the right and power to prevent
its introduction by transportation
from another State. The section of
the Iowa statute of April 5, 1885,
which prohibits the railroad COM
panies from bringing liquor into the
State is therefore declared to be in
valid, and also the judgment Of
United States Circuit Court for the
Northern District of Illinois.
Chief Justices Gray and Harland
dissented.
BRIDGE CONSTRUCTION.
The Supreme Court also decided
the case Of the Willamette Bridge
Company vs.. q. L. Hatch, ct al. This
was q suit for an injunction 10 resrain
the bridge company from construct
ing alb ridge across the Willamette
river between Portland and East Port
land, and the court holds that the
original suit was one arising under
any law of the United States, and that
therefore the lower court was with
out jurisdiction. The cause is ne
manded wi b instructions to reverse
the decree in the original suit and dis
miss the bill fled therein without
prejudice to any other proceedings
which may be taken.
TELEGRAPH TROUBLE.
A decision was also recorded in
the case of the Western Union TeIe-
graph Company vs.. the Attorney Gem
eral of Massachusetts,. This was e suit
to enforce the collection Of tax levied
by authorities of the State upon the
telegraph company for the purpose Of
enjoining that company from further
operations of its telegraph lines with
in the limits of the State until the
tax had been paid. The court holds
that the tax assessed against the
company is valid tax. The judg-
ment Of the court below that sum
OF $'0,618 is due by the plaintiff
for taxes, namely, to be paid
to said State by the company
with interest thereon is without error,
aud so much Of that judgement is af.
firmed. That part of the decree of