New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-11-12
FIint'S Fine Furniture
IS THE BEST.
At Factory Prices.
THE TELEPHONE-TELEGRAPH WAR.
RUMORs DENIED BY JOHN W. MACKAY AND
GENERAL T. T. ECKERT.


The expiration Of the contract between the West
Union Telegraph Company and the Bell Tele-
phone Company. and the failure OF Its renewal
have given rise to speculative rumors as to
prospective rivalry between the two companies.
The coincidence is also pointed out that with the
expiration OF the contract comes the trial Of the
Berner case In the United States Supreme Court
on the decision Of which is said to depend the
monopoly Of the Bell Company 1t involves the
patents on the telephone transmitter and II II to
be assumed II the decision is adverse to the Bell
Company the telephone business will be practically
free.
While no company is at present seeking alliance
with the Bell Company, reports have found cur
rency implying that the Postal Telegraph Com
pany is preparing to organize telephone COM
pany contingent upon the decision In the Berner
The assertion. however. emphaticaly
denied yesterday by John W. Mackay. To a Trb-
une reporter who him Mr.. Mackay said:
THE report is merely an inspired one and has no
foundation In fact You may safely deny It, and
say also that have no intention Of entering
upon any telephone enterprise"
w II. Baker the vice-president Of the company.
also said: THE Postal Telegraph Company has no
intention Of going into the telephone business and
the rumor to that effect is untrue. 1t is probable
that the two telegraph companies will never in
wade the telephone field. II the Bell Company keeps
out Of the telegraph business. Still. 1t Is. Of course
acter:. do not understand that the fate Of the
Bell Company depends on the decision OF the Court
against the company 1t still has the Edison patents
on the transmtter to fall back upon There is no
panies that have any knowledge Of can. how
ever. positively say that the Postal Telegraph Com
pany has no intention Of launching out into the
telephone business ~
1t Is pointed to as circumstance OF some signih-
that by the expiration Of the contract be-
tween the Bell and the Western Union companies
the latter will cease to receive a bonus OF some
thing like $4,000 a month. BY the terms Of his
western
Company retired from the telephone field leaving
ton the Western Union was to receive 20 per cent
OF the receipts Of the telephone company. General
Company. could not be seen yesterday, but from
another high executive officer it was learned that
there was no plan on the part Of the company 70
organize a telephone business
BELL TELEPHONE ARGUMENTS CLOSED.
FERDINAND p FISH AND JOSEPH II. cFfoArn
SPEAK FOR THE COMPANY. AND cAUsTEN
BROWNE PRESENTS THE GOVERN
MENrs SIDE.
Washington, Nov ii.-Ferdinand p. Fish. counsel
for the Bell Telephone Company. finished his argu-
ment In the Supreme Court OF the United States
this afternoon in opposition to the demand OF the
Government that the patent for the Berner trans
mitter for telephones issued In 1891. be cancelled
for fraud In the illegal delay in its issue from the
Patent ONCE and for invai1ity In that the same
invention was covered by a patent issued to the
same inventor In 1880 He asserted that the two
inventions were different. one being for trans.
mitter and the other for a receiver.
He was followed by Joseph II. Choate. OF New
York. also for the telephone company. Mr.. Choate
I'm the course OF his argument said 1t the first
time and probably would be the last that the Court
had been asked to annul grant, not for any
fault of the grantee but because of alleged wrong.
full and illegal acts of the grantor by Its agents.
He asserted that every charge Of fraud contained
in the bill had either been abandoned or dis2royed.
These charges he said. were cruel baseess. made
in gross ignorance. and inspired by malicious
antagonist Of the Bell Company. Mr.. Choate con.
tended earnestly that extraordinary cuty to
speed the application devolved upon the Bell Com
pany which did not rest equally upon every other
applicant for a patent. BY that rule the company
was willing to be Judged. His suggestion that
counsel for the Government would probably hold
the Supreme Court itself particeps crminis In the
alleged fraud because It took fourteen months to
decide the Drawbaugh case. waiting for which dc.
cision was Of the causes or delay, caused .
smile on the pap at The yule ques.
tion for the Court "a aecidG ne sad.sws DC
once? and he had no fear Of the answer.
Causten Browne, OF Boston. special Assistant Az
torney General closed the argument IN support OF
the Governments BILL He contended that there
technical right Of the company to patent and the
duty Of the Commissioner to issue 1.-THE Commits.
si66ers duty was to Issue only such patents a. 0
not conflict with the rights Of the public .r.,.
the case went to the Court for consideration. A
decision IL expected some time 10 the present ssrm
Of court Justices Gray and Brown dsd uos hses
the argument.