The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-05
Effect of the Decision.

Effect OF the Decision.
NEW YORK, March 4-The decision of
the Supreme Court of the United States,
handed down to-day, unanimously sustain
ing the decision of the lower court in the
case of the Bate Refrigerating Company
against Sulzberger, is probably more far
reaching in it's influence and affects a
larger amount of property than any de-
cision of the court since the 'sgreenback''
cases were disposed of. This decision not
only settles the controversy between the
parties directly Interested namely, the
General Electric Company and the Amer
lean Bell Telephone Company on the one
side and the Westinghouse and the Anti
Bell Telephone companies on the other
side, but also disposes of a very large num-
Der of other patents which the public has
assumed to have expired under the ruling
of the lower court, and it also shortens
the life of great many patents which have
not yet actually expired. The decision is
against the position taken by the General
Electric Company and the American Bell
Telephone companies and those associated
decision previously rendered by the United
States Circuit Court in this circuit. This
decision terminates the three Edison pat
ents for the carbon transmitter, owned by
the American Bell Telephone Company, by
which it hoped to extend its control for
twenty-five years more, as would have been
the case had the decision below been re-
versed. A considerable number of very
broad patents owned by the General Elec-
trio Company are also disposed of by this
decision, including Mr. Edison's patent on
the incandescent lamp. regarding which
there has been much litigation, and also
his patent on his multiple arc system of
distribution and his patent on the socket
for incandescent lamps. which was recently
held to be valid by Judge Coke.
The history of the case of the Bate Re-
very very interesting. The case involves di-
rectly a very small sum of money, and the
complainants would probably have never
to a hearing had it not been that the law
yers of the General Electric Company and
Bell Telephone Company discovered that
fhjs case directly involved the nont in
which they were so vitality interested, and
would furnish the earliest opportunity of
bringing it before the Supreme Court. The
result was that the complainant soon found
itself represented in court by such eminent
James ]. Starrow, of Boston, counsel for
the Bell Telephone Company, and ex-Conl-
missioner m Na r On patents sa Charles an =, Mitchell
Electric Company. No sooner had these
eminent counsel put in an appearance than
retained by the westinghouse Electric
eompany Including and H.
Edmund Wetmore. BENZ. FL. Bristow,
Leonard e. Curtis, all of New York, From
this time on the battle was one between
giants. The question was eIaborately ar
gued before the Circuit Court of Appeals
and I4acombe sitting. This court declined
to take the responsibility of deciding the
3, and tSa ,F,,ed i af to the
treated the case as one of so great inn
portance that 1t took the very unusual
three years in advance of the regular order.
and also allowing about double the usual
time for the argument. These oral argu-
Commissioners Of Patents Mitchell for tho
General Electric and Bel telephone fnter-