St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1897-05-21
WASHINGTON LETTER.
Noted Bell Telephone Case is Decided
at Last.
victory for Company Contested Election Cases
In Present congress-Committee Places
For New Englanders.
Especial to the CALEDONIA

very important decision this week. in
winch great many New England peo-
PIE, as stockholders in the corporation
| Whlch was interested in the finding of
LIE court, are Interested. l refer to the
ease the United States brought against
tne american Bell Telephone company.
Inc latter Won The decision has the
eILect Oh continuing the control Of the
teiephone by the Bell company for II
years from the date of the last Berliner
patent, which was granted in 1891.
Ihe government asked to have the pat
ent of 1895 set aside on the ground that
the delay of 10 years in the patent office
was fraudulent, and through the fault Of
the telephone company, and that the
patent issued in 1880 covered the same
ground on which the new patent was ap-
piled for in 1891.
Inc court, In its opinion, delivered by
justice Brewer held that there was no
evidence of corruption or undue in1u-
ence exercised over the patent office by
the telephone company; that there was
no evidence that the delay in granting
the patent had been brought about by
the company. 1t held that whatever a
lay mad been was through the fault Of the
patent office and by no fault of the tele-
phone company. Justice Harlan dis
sented from the opinion. Justices Gray
and Gray, 1t was announced, took no
part in the case, presumably because
they were Interested.
The court held that in order to set aside
patent the government must establish
grounds of relief as clear and satisfactory
as 1t would to set aside land patent.
All other allegations of the government
besides that of delay were overruled.
This decision by the supreme court
sustains the lower courts. This case has
attracted wide attention, because of the
extensive interests involved in it's settle
ment, and the opinion of the court has
been anXiously awaited. The suit in
volved the practical control of the art of
telephoning.
1t originated in a charge of collusic n
In the patent office, and was brought to
obtain the repeal and cancellation Il
letters patent of the United States \ D.
463,569, dated Nov. Ii, 1891, granted to Il
American Bell Telephone company, as
assignee of Emile Berliner, the alleged
inventor.
The repeal and cancellation of the pat
ent were sought upon the ground that
the application for it, while filed in 1871
was not issued until 1891. This delay W.
charged TO be unnecessary and improl
on the part of the patent office and t.
Bell Telephone company, which, as b..
liners assignee, controlled the applica-
ton. 1t was asserted that the company
had acquiesced in and promoted the de.
lay, and for their own interest thus de.
frauding the public of its rights.
1t was claimed that the Berliner pat
ent practically controls telephony, as i
has to do with both the transmission ant
receipt of sound, and that the delay thu,
secured until 1891 operated to prolong tn,
control of this act for Is years beyond tn,
time of the expiration Of the Bell patent
1t was also asserted that the paten
was granted by the commissioner of pat
ents without authority of law, and thu.
1t was for the same invention for which
patent had been granted in 1880, al.C
that the principle was, therefore, no
new.
The suit originated in the United
States circuit court for the district o
Massachusetts, where it was decided il
favor of the United States. Upon appea
to the circuit court of appeals for tn
first circuit, this decision was reversed
and the contentious of the Berliner claim
ants uphe' |. From this opinion tn
United States appealed to the supreme
court, but in playing the rubber" TIL
telephone company won out and it
many stockholders are correspondence,
happy.
There were over 800 contested election
cases in the last congress, necessitatin,
the appointment of three elections com
mittees to decide upon them, of one o
which Congressman Mccall of Massa
chusetts was chairman and upon anothe
of which Congressman Moody of til,
same state served. This year, however
there are only 16 contested cases, onl,
half as many as in the Fifty-fourtl
congress. 1t is not likely, therefore, tina
three committees will be appointed.
Nearly all of these contests come from
southern states and principally from dis
tricts in which heretofore the Democratic
lead has been great There are four con
tests in the delegation from Alabama
an unusual number. There are two con
tests from Tennessee, one from Della
ware, one from Mississippi, one from
Kentucky, three from Virginia and TIVE
from South Carolina.
The Mississippi contest is in the Thirt
district which extends from Claiborne
county, in southern portion of the state
clear up to the north state line alon!
the Mississippi, and has come to b.
known as "the shoestring district" TIL
controversies which have arisen from
time to time against General Catching
have made this district well known IL
Washington and for a considerable
time j. r. Chalmers was Republican
contestant. The vote in Mississippi ha
been so much reduced under the restric
lions of suffrage, established by the nev
constitution, that the total vote of al
entire congressional district is much les
than that of an ordinary New Englan
, small city. The "shoestring" district o
Mississippi includes 10 counties. In then
at the last election of Mr.. Catchings
, the Democratic candidate, received 306
, votes There were two Republicans run
ming against him-a regular Republican
who received 1863 votes, and an irdepen
; dent Republican, who received 532. 1t /
the former who is making the contest.
The position of the Republican part
: In the state Of Mississippi at last year
, election does not seem to have been
identified one. The state Is overwhelm
iugly Democratic and all its Republics
voters combined, even If not disfran
ohised by constitutional statutes, coul
homo to make but little more than a fai