The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-08-29
washington NEWS NOTES
The Bell Telephone Company and
the BcrIincr Patent,
ne Question Whether the Unite d
States Government Has the Risbt
TO Sue For the Cancellation Of
Patent. The Law is
Different.
BY Southern Assoc,ateI prss,


the question how further
to proceed with the case nruipst tha
Bell Telephone Company Tor tho re.
peal OF the Bcrliner patent As ,ho
cnse now stand tue bill of the Goyern.
ment has been dismissed hy the Court
OF Appeals for the First Circuit ana I'M.
der that judgement tho Boil COMPANY
mas begun proceedings against several
oil The corporations which entered the
telephone held upon tho expiration of
the Bell patent III 1898. Tho vnldity
ol the Berlinrr patent isCsseutinl to ths
iurther control of the tclophons busi.
ness by tho Bell Compnuy. and the pre.
sent situation is OF additional iuterest
from legal or judicinl point OF view
because tho case Involves n corsderu.
ton Oi the act OF 1891 ESTABLISHING the
Circuit Court Of Appeal.
Ihe biil III the casu WIS filed in the
Circuit Court at Boston, February 9.
1898, Ivy order Of Attorney General
Miller, Inston Brown, ui Tint cI,y.
and X. .. Taylor. of Fort Wayne, lnd.
being retnincd ns special counsel for
tho Government. The prayer of the
biii was that the patent Issued TO Emil.
B.rIiner, nud assigned to ths Bell
Company be rep need on thu grOnnd(D
TINT 1t wns covered hy prcvluus IN
tent Issued Septembcr >, 1850. To Der
liner for electric telephone: end (4)
that tho ISSUE OF the patent wns uuIhw.
fully delayed by the Bell COMPANY
from 1877 10 1881. J he device of Bvr.
lincr, the court said IN disposiug OF the
case, covers tho ouly commercially
practicable md useful method at pres
cht known for cilecung the electrical
transmission of nr,iculute speech"
On December IS. 1891, Judge Car
penier, OF the Circuit Court. an.
bounced his Judgment sustaining tho
prayer Of the United Stutos declaring
the patent null aud VOID.
HE case was appealed 10 tho Circuit
Court OF Appeals, aud on the 18th Of
May last, Judges colt, Putnam nuu
Nelson, united IN reversing the juug
ment OF Judge Carpenter. mud remand
lug Inc case To his court with iustruc
tlons To dismiss the bill. thus sustain.
Ing the validity Of the patent. Ibe
opinion was delivered by Judge Put
nnni.
By the terms of tho act creating
Olrcnlt Courts OF Appeal the Judgments
oi those couits IL final in nIl cases
arising under the pnteut laws. exc.ut,
Supreme Court or where the Supreme
Cont directs the case to be- brought
before 1t for review on n writ of
ceriiorarl The telephone compauy is
evidently inclined To accept the decree
of the Court Of Appeals ns nnal. and
Is proceeding to eufurce its claims
nuder the pateut. But the Govern
ment representatives are by no means
disposed To let tho case rest herr, yssts
The question whether The Uuited
states Government has the right to sne
Tor the cancellation OF d patent ia vastly
different from IA controversy between
two private parties over putent right.
and thnt upon that point an appeal
VIII lie 10 the Supreme Court from the
Judgment OF the Court OF Appeals. Aud
even If that ground should fnil, then
they can sue Tor review Of the case on
II VIII oi certiorarI. ns provided in the
law itseli. Which method Of procedure
will be followed has not vet been
finally settled, but it is asserted that
the case will not he permitted to rest
IN Its present condition.
by direction OF the President, First
Lieut.. David Prince, of the First
Artillery, las been detailed as ptofes.
sor OF military science and tactics to
the virginia Military Institute, Lex.
lugton. Va, to take effect September
]. 1885. Lieut.. Prince wac born Ia
W aies and WAS appointed to the Mill |
tary Academy from Iowa in 1873. On
graduation he was asslgued TO tho Sec.
ond Artillery as second lieutenant,
aud IN June, 1880. wac transferred to
the First Artillery as Lieutenant.
The gold reserve in the Treasury is
Just above the 500. 900, 600 mark,
standing at the close of business to day |
at SlOU, ,O00,9i3. A withdrawal Of !
$3.50, 900 in gold at New York for ex.
port to Europe and the taking up in |
tho cash Of 5000, 600 gold withdrawn
last Monday, have caused the decline.
Justin Mccarthy, of this city, the |
contractor who constructed the dry |
dock at Port Royal, 3. g., was to day |
informed by Acting Secretary MoAdoo, |
OF the Navy Department, that in &C. !
cordanee with the recomm udation of
the board that examined the dock. the !
Government cannot accept it in Its
present condition. Mr.. MoAdoo SAYS !
he must make the repairs which the
board thinks arc necessary before &C
ceptapce cnn be given, or else the Gov
eminent will make them,. taking the |
cost out of uRrb of fha coutraot Tr;o,