The morning times., 1896-11-10

Argument In the famous case of the
United States VS.. the American Bell Tel
ephcnc, suit TO cancel tge patent :ssled
to Emil Berlincr for transmitter, and upon
the result oI wmcn uepenus the coniinu-
ance OF the telephone monopoly OF the
United States, was begun in the United
states Supreme Court yesterday afternoon
by Mr.. X >. Taylor on Deiiau Of ;ne gov
ernment. He will be followed by Mr..
JUssin II. thoate OF New lorK tor .ne
Bell Company, and Mr.. Caustin Browne
VIII close for the government.
Before the case was called Mr. Browne
on behalf OF all counsel, asked an Increase
or the time usually allotted for argument
In caSe-four hOurs-lo Twelve hours, But
the court limited it to the renal nter Of the
days session then remaining one hour,
and all Of Tuesdays and Wednesdays;
nine hours in all.
Standard Telephone Company, unavail-
ingly pleaded for an hour i'll which to
prese mt Some views favorable to the
contention of the United States.
GROUND OF THE SUIT.
The litigation Was begun by direction of
Attorney General Miller near the close
of President Harrison's administration, and
had its origin in a suggestion made by Mr..
Charles II. aiurich, tl,rn the Solicitor u. n
Sidi VI tiic Slhitb ctttltS-
IN. racts are s,alru IN the brief filed
by Mr. -aldrich. who was specially charged
with its preparation after his retirement
from office. He says that an eXanina-
tiGn be made as to the validity OF the
Berliner patent, because of his discoveries
while acting as attorney for Milo & kel-
logg, before holding official position, in
an action against the Bed Telephone Com
pany. The recommendation was referred
to the commissioner Of patents, who re-
turned IL with an agreement to show that
suit to cancel the patent would be IN
justifiable.
That argument was deemed insufficient
by President Harrison. to whose attention
the matter mad been brought and Attorney
General Miller, and after the investigation
suggested by Mr.. Aldrch had been made.
suit to cancel the patent was begun No
vember 1t, 1891, in the United States
circuit court, for the district OF Massa
chusetts, MesSrs. X. S. Taylor, OF Fort
Wayne, Ind. and Causten Browne, of Bos-
ton. happening for the government as special
assistants TO the attorney general.
IN THE LOWER COURTS.
Judge Carpenter, on January 8, 1895,
found for the plaintiff and decreed
cancellation Of the patent. The Bell Com
pany took the case 10 the court OF -ep-
peals for the First circuit. which. on June
IA. 1895, in an opinion read by Judge
Putnam for himself and Judges Colt and
Nelson, reversed the circuit court. with
instructions to dismiss the bill. From that
decree the United States appealed to the
Supreme Court of the United States.
The principal ground upon which the
government asked the cancellation Of the
patent, as shown by the briefs. was the ex-
traordnary delay i'll its issue by the Patent
office. which. IL was claimed. was in ef-
feet fraud upon the public. Berlncr's
original application for a traasmitter was
nled June 4. 1877. in 1878 The applisa-
ton came into possession and under the
control OF the Bell Company; and the
patent was not granted until in November.
1881 thus extending for period of seven
teen years from the latter date the monppuly
OF telephone transmission secured by the
issue of the original Bell patent in 1876.
or total period or thirty-two years
GOVERNMENTS CONTENTION.
But counsel for the government urged
the cancellation upon the additional
grounds:
/. That patent issued TO BefNner in
1850 covered The same invention as that
covered by the invention in suit
2. That the patent was not for th.. came
invention described in the application Us
filed.
$. That. taking the application t0 date
from the time when il was made by amend
ment 10 cover the invention described and
claimed in the patent as issued. it was
borrowed by previous public use for a
period of more than two years
Much interest is taken in the case. es-
pecially by companies GeSirous OF entering
the telephone field. and besides the 1T
erature furnished by the attorneys for
the parties OF record, two briefs, by per-
mission of the court, Were submitted by
Mcknight & Redding. solicitors Of the
Standard Telephone Company. in support
of the position of the United States.
Their briefs discussed the propositions:
l. That the Berliner transmitter patcnt
was void, because patents covering The
same had been issued in foreign countries
to Berlincr. Edison, and Blake. and hs
expired before the issuing of the Berliner
patent.
2. That the novelty in the Rerliner
patent df any was in the mecha ncaI
adjustment of the electrodes and not. as
claimed, by counsel for the Bell Company.
in its mode of operation and the electrical
principles employed