Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-07-23
THE POSTAL'S BIG VICTORY
Western Union Beaten by Its
Young Rival.
THEY FOUGHT FOR IA Telephone
And the "OnIy Opposition"
Wins the Case.
Telephone Companies Cannot Discrim-
mate Against Anyone--The Case May
Go to the supreme Court and the
Effect of the Decision May be Delayed.

attracted great interest. The decision,
however, although it sustains the right
Of the Postal Telegraph Company to
the same use of the telephone as is al
lowed the Western Union and other
subscribers, does not end the case, as it
will probably be appealed to the Su-
preme Court of the United States.
Judge Wales review of the case was
very thorough and interesting. Some
extracts from his opinion are here given;
On the 10th of November, 1879, the
Western Union Telegraph Company ana
the National Bell Telephone Company,
having been up to that time the owners Of
rival telephone patents and engaged in
litigation concerning them, compromised
their differences by u contract by virtue of
which the National Bell Telephone Com
pany became the owner of all the telephone
patents which had been in dispute, and
the ownership of which now constitutes
the telephone monopoly. One of the CON
ditions of the compromise was that the
Western Union Telegraph Company should
have a sole and exclusive license for the
term of seventeen years to use the tele-
phone in the receiving and transmitting of
Geographic messages. These patents have
since been assigned to the American Bell
Telephone Company but the exclusive
privilege conferred on the Western Union
Telegraph Company by the contract Of
November 10th has been continued in
every subsequent contract between the
owners of the telephone patents and their
licenses.
The respondent is a mere licensee and is
forbidden by the terms of its license to
supply a telephone instrument to any tele-
graph company to be used for telegraphic
purposes without the consent of its
licensor, and it has but furnished the
Western Union Telegraph Company with
a telephone under general order from
the owners of the telephone patents.
The patent laws secure to patentee
very valuable rights as u reward for his
invention and also as an incentive to
Others to exercise their inventive faculties
He may dispose Of his patented property
or discovery in several different ways and
for distinct purposes and uses, and the law
of Congress will protect him in the enjoy
ment Of his rights and save him from the
competition during the life of his patent
AT the same time, while he is thus favored
neither he nor his patented product is
exempted from the liabilities and regua-
tons which attach to all other persons
and property under the general law of the
land.
After citing several decisions in sup
port of this view, the court proceeds;
Theconcluson drawn from an exami-
hation of these citations is that the patent
laws give to the patentee u monopoly in
his invention and afford him protection in
its proper and legitimate employment;
but that they do not authorize him to en-
ploy II Tor purpose or IN a manner That
may be forbidden TO al other persons IN
the use of their unpatented property or
discoveries. Since the above decisions
were made the telephone patents have
come into general use, and the telephone,
as an instrument for the rapid transmits
sion and reception OF messages, has been
adopted by all classes Of persons in almost
every department OF business, public and
private and IS now within the scope Of is
power as es sn % tle convenience ana
and teIegra M TN he,inn;ng ~ rn,,resl
and compIetion Of business tT,nsacsinns
involving large interests. depend upon Tie
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