The morning call., 1895-01-07

Trouble Ahead for Rival
Telephones.
The BerIiner Case Will Be Carried
to the Supreme
Court.

A few days ago he dispatches an
nounced that the United States Dis ric,
Court of Massachusetts had dec ded
against the Bell Telephone Company in
the suit brought against that corporation
by the United States to set aside the
Btrllner palent.
When this decision was announced i
was generally supposed its effect would
be to open up The teIerhOne field to auy
one who sought 10 enter 1t. AID that a
telephone apparatus could he used freely,
without fear Of infringing the rights OF
the Bell Telephone Company.
Several of the great metropolitan Journals
OF tt e East have gone thoroughly into the
ega complications bearing upon the tele-
phone situation, and heir findings ana con-
illusions are rather aGtagOnistlc 10 he
houes generally entertained and encouraged
by the announce of the decision.
1t was found that altogether here have
been issued some 5000 patents on ele.
phones and telephOuIc apparatus, cover
ing primary features of tranSmitters,
s~ hboardS and other devices IN the
closest detail, and that lie American Bell
Telephone Company had acquired either
by patrnting themselves or by purchase
come 100 of these. embracing all III It are
valuable; and that it has been the policy
OF that great corporation 10 purchase
everything of this nalure that possesps the
slightest merit, no ma TER what he cost
The prime pal one of The palents is the
one issued TO Thomas A. Edison on May
50, 1892. for speaking telephone. which
covers fundamental principles and has q
greater or less bearing on all forms of bat
ery transnitters. This patent has yet
fifteen years OF lie.
The decision In the BerlinNr case was
made by the United States District Court
and net by the Supreme Court as genrr-
ally supposed. An appea! from this deci-
sion has b. en- taken. andiihe case now gees
O the United States Court OF Appeals,
from which decision is expected neXt
spring after the case has been argued anew
as though the District Court had not m ade
this decision. il the case is decide agai INST
thr Bel Company by tile Court of ApoealS
it will tn n be taken to the Sulreme Court
Of the UnIted ates.
In view OF these facts, il is conceded
hat The telephone situation is practically
unchanged, and hat Il pubic has gained
nothing except the empty satisfaction OF a
verdci from an inferior court.
Concluding, the journal from which we
quote offered no Sulace to The public or
The foes f the Bell Company. IL remains
for each individual 20 decide whether he
~,
or purchase his telephone from more or
less responsible dealers who are Offering
them for sale and take the chances If HIl-
CATION with the Bell Company.
Is OF the utmost Importance for per-
sons who may purchase outright. or who
may patrOniZe companies using other in
struments than the Bell. to insist upon q
carefully and strongly w0rded agreement,
guaranteed by a bond, the genuineness
and solidily OF which there can b. no
doubt. as protection against legal com
plications with the Bell Company. Sucn
guarantee and bond should be local in
chara ter, so as TO enable the person &C.
cepting them to recover in the courts of
his own town or county.
EXper ence teaches that generally law
suit is necessary To recover on these gnar-
antees, and ordinarily it C sts more than
the amount Of the bond and guarantee for
lawyers fees and costs. Hence too great
care cannot be exercised. especially when
it is understood from past experience that
the Bell Company Is a relentless autagon-
iSt, and viii in sist upon its fun measure of
damages should it gain decision in the
higher courts.