Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-11-25

OrsWbsugh's claim 20 the art, which va:
recently decided in favor Of the foTmel
oy close vote OF the supreme court
There can be no doubt IS 80 Tie wisdom
OF this course on the pGrt OF the litigants
for whichever won they Cid no. want the
carbon patent running ont It's term 81
life uselessly, viii the patent for the ART
covered the field OF telephony.
Now the contest In the patent Office on
the priority Of invention Of the carbon
telephone is sppcoecaing, AM the quas-
ton is, can ORA 1bsugh prove that he hsd
8 c1Ebon telephone in 1873? Justices
Bradley, Harlan and Field tt ought ne had
oIe of THESE carbon irstrumen g IN use
j 1870, and said SO il their dissentioe
opinion, and the maj lriLy Of the courl
said thst they were not convinced beyond
doubt that he had telept one before
1875. The Bell counsel conceded that
DrawbAugl made his Instruments, aud
made them IN :hs crjsr in which
he claimed, buI h. did not
oegIu work ua;i} 1876 4 this
is 30 t6en DraDnsaga made a
carbon telephone in 1876, and as Edison
,;oes not clEim 20 hsve made carbon
telephone before 1873, i; Is possible that
DSsTbaugh msy receive patent for the
carbon telephone for which he is now
Masking q contest IN the pstcnt ctfi;e. Ii
the ofIi;e does not grant IL 20 him he will
appeal 81 the supreme court, snd while
this may not oe reached for several years
yet, delsy Is not fatal, az he could not
freely Use II before 1898, when the Bell
patent for the art expires; but At that
date Il would put DrsWbaugh In Bells
monopoly and the exclusive control OF
ell telephones, the same IS Bell has hsd
since 1876.
Bus there is wheel within wheel.
WAiie Z ison anG DraWbaugh are con-
testing fer the broad patent on the carbon
elephone, on which turns the exclusive
coutrGl OF the field Of telephony from
1893 for term # seventeen years, tnere
IS a Contess going on between tho Bell
Company and toe Western Uaion Comps
ny, the owner of Eiison's claim. Tne
former pays 81 900, 900 yesr 20 the lat
ter under its contract OF 1879, ny
which shs great Telegraph monopoly
placed the Ellison inventions IN trust
in the hands CT the great telephone
monopoly. The troubles brewing De-
tween these tHo<grest monopol!ss Ct
electric communication turns on this
contract OF 1879, by which each sgreei to
keep out Il competitor With the other, and
this was lived up to for years, bu.
recently, by the connecting Of local
telephone exchanges, and now By
the open construction OF great
interstate long distance telephone
service, which is proving s CREST sue
cess, the telephone and the telegraph Ser
vice nave come into direct competition,
and It Is estimated By those familiar with
the business inst tns telephone service
must now reduce tine telegraph LEONE
oy 8: Iesg. 81 GOO. 900 annually, so that
under existing CIRQUE stsrcss the tels-
graph compsry's royalty from ihe Bell
company, under the 1879 contract, is
soout nullif9d, and the former company
is doubling tue expedlercY CT continuing
i. aud permit rg its business to be ao-
sotbsd. Tnsre are SO many breaches OF
the part of the telephone company that i;
could be easily rescinded.
Eu. this Is not the only line Of grew
snce Of Mr.. Gould's corporation. Il
cltiIs, and there is suit now pending
on tins issue in the Uaiced States coart
o Boston, calling for an accounting,
legiag Ih2s the Ball Company has NOT
set q ho7estly as its TRUSTEE. The theory
Of the telegraph company is mat the COZ