Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-05-10
BELL COMPANY WINS
Important Decision by the United States
Supreme Court.
The Control of the Telephone Involv-
ed-LOyver Tribunal Sustained
by the Higher.

The Bell Telephone Compay won the case
brought against it by the United States to
arnul the last BerEner patent. This de-
c.sion has the effect Of continuing the con-
troll of the telephone by the Bell company
for seventeen years from the date of the
last patent, which was granted in 1891
The government asked to have the patent
Of 1875 set aside, on the ground that the
delay of thirteen 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 applied for in
1891.
No Evidence of COllusiOn.
The court, in its opinion delivered by
Justice Brewer, held that there was no evil
dence of corruption or undue influence ex-
ercised over the patent office by the tele-
phone company; that there no evidence
that the delay in granting the patent had
been brought about by the company. 1t
held that whatever delay had been was
through the fault of the patent Office and
by no fault of the company
Justice Harlan diSSerted from the opinion.
Justices Gray and Brown, 1t was an
nounced, took no part in the case, pre-
SUmably because they were interested.
The court held that in order to set aside
a patent the government must establish
grounds of relief clear and satisfac tory
as 1t would to set aside a land patent. All
other allegations of the government besides
that of delay were overruled.
Tbs decision by the Supreme Court sus-
ta-nS the lower courts.
An Important Case
This case has attracted wide attention
because of the extensive interests involved
in its settlement, and the opinion of the
court has been anxiously awaited. The suit
involved the practical control of the art of
telephoning
1t originated in charge of collusion in
the patent office and brought to obtain
the repeal and cancellation of letters patent
of the United States No. 46I,I69. dated No
vember IL, 1891. granted to the American
Bell Telephone Company, as assignee of
Emile Beriiner, the alleged inventor
The repeal and cancellation of the pat
ent, were sought upon the ground that the
application for it while filed in 1877 was
not issued until 1881. This delay was
charged to be unnecessary and improper
On the part of the patent office and the
Bell Telephone Company, which, as Ber-
liners assignee, controlled the application
1t was asserted that the company had ac-
quiesced in ard promoted the delay, and
for their own interest thus defrauding the
public of its rights.
1t claimed that the Berliner Datenr
practically controls telephony as it has
to do with both the transmission and re-
ceipt of sound. and that the delay thus
secured until 1871 operated to prolong the
control of this act for fifteen years beyond
the time of the expiration of the Bell pat
ent.
1t was also asserted that the patent was
granted by the commissioner of patents
without authority of law and that it was
Tor the same invention for which q patent
had been granted in 1880, and that the
principle was, therefore, not new
The suit originated in the United States
circuit court for the district of Massa-
chusetts. where it was decided in favor of
the United States. Upon appeal to the
circuit court of appeals for the first cir
cult this decision was reversed and the
contentious of the Berliner claimants un-
held From this opinion the United States
appealed to the Supreme Court