The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-11-20

Why Eminent Lawyers Were Engaged
to Fight a butcher.


PITTSBURG, Nov. 19.-The New York
correspondent of the Dispatch says: If
you were in Washington and would go into
the solemn presence of the Supreme Court
of these United States you would perhaps
inquire what matter was engaging the at
tention of the august justices. And when
you heard that the black-robed gentlemen
were hearing the last argument in the case
of the Bate Refrigerating Company, of New
York. against Ferdinand Sulzberger, a
butcher you would cease to be interested
so far as the proceedings were concerned.
But, again, you might notice that the law
yer who was speaking was that eminent
New York lawyer, James c. Carter; then
you might let your eyes wander until they
lighted upon the familiar face of another
equally eminent lawyer. Charles H. Peck
ham. And then your wonder would in
crease as you noted in turn General Ben
jamin H. Bristow. ex-Patent Commissioner
and present eminent patent lawyer, Charles
E. Mitchell, ex-Solicitor General Charles
A. Aldrich, and finally that great office
lawyer, ]. ]. Storrow, whose most valuable
time and brains are bought for the ex-
elusive use of the Bell Telephone Company.
You would say to yourself: ''TL is a
very trivial case to engage the attention
OF such expensive and learned lawyers.
Why, the Bate Refrigerating Company is
a comparatively insignificant concern, and
as for Ferdinand Sulzberger, he is New
York wholesale and retail. butcher. They
are talking about some patent on refrig-
Grating process which they claim this
butcher has infringed by using part Of 1t
for keeping the meat cold in his shop
What a small mouse for the labor Of such
a vast mountain" And your wonder would
lead you to make inquiries and would pres
emily be changed to Amusement. For you
would soon see peering from the sheepskin
of the obscure parties to this suit the
hungry eyes and the cruel fangs of that
sly, ever gorged yet hungry wolf, the Bell
Telephone Company, legally known as the
American Telephone and Telegraph Com
pany. Here is why there is such an array
of high-priced lawyers, the first In the land
in fame and ability. Here Is why upwards
of $4,000 had been spent within a few
months for counsel fees alone to attack
and defend the Washington market butcher
for keeping his shoulders of lamb and
strings of sausages cold
MILLIONS IN 1T.
The Bell Telephone Company, under the
disguise of a little concern with a refriger-
ating patent, is fighting desperately before
life, for fourteen years more of ss.000,000
annual profits And. wearing the colors Of
the butcher Sulzberger. stand the lawyers
who are trying to destroy the monopoly
and wrest from 1t for themselves and. in
a purely incidental way, for the people, a
part of its enormous gains. In this splendid
arena of the United States Court, under the
guise of a trivial case, millions, yes, tens
and almost hundyeds Of millions Of money.
are doing battle The principle at stake in
this case. that has been almost concluded
without public attention, Is lar reaching
and involves not only the enormous inter-
ests that are fighting the battle, but also
scores of immensely profitable patents, mil
lions of dollars in royalties that will exist
or will not exist, according as this battle
goes.
right, granted in the United States, expire
with the expiration Of the foreign patent OF
shortest term, granted before the United
States patent Is applied for, or does 1t ex-
pire with the foreign patent of shortest
patent is granted? IL the first proposition
be true, then the Bell Telephone Company
may go on with its monopoly until 1903;
the General Electric Company has several
candescent lamp: the Rubber Trust has
many more years OF profit in its most valu-
able patents; scores of business establish
ments will lose the suits that have
or companies, that have given up their roy
afties because they thought their patents
had expired, viii enter claims against hun
dreds OF companies now doing business in
proposition be rue the Bell Telephone Conn
pany's monopoly Is at end and, In the
same manner the position of all the others
interested Is exactly reversed. That Is the