The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-05-18
LITIGATION COMMENCED
THE BDLL TELEPHONE MONOP
OILY NOT YET PERPETUATED.
True Bill Against lineberry.-Also Ru'
NOR of True Dill Against Col. Fair
brother for Libel There is Talk
of True Bills Against Others
for Libel -. Fireman's
Festivai--Mrs. Flow
ers and Baby at
Col. Cars.

Durham, n. c., May 17.-(Special.)-
The fremen's festival Saturday night
was big success. The receipts were
So36.64. The contests over the three
prizes were spirited, being the source of
much commendable rivalry and bringing
many dollars into the treasury Of the
6ebugs. The umbrella was voted Miss
Belle Brown, the bracelet, Mrs. w. Z.
-adsher and the watch Miss Roberta
H. 18th Porythress. The people OF Dur
ham always respond when their self
sacrificing fremen call.
The Durham Hosiery Co., finds that Il
continued increased demand for its
goods necessitates a largely enlarged ca
nacity. hence a new four ton press is
being put in.
The grand jury is said to have put in
a week of solid work and as result
many people have been indicted. 1t is
said that two true bills were returned
against E. G.. Iineberry, one for embez-
element and one for larceny. A true
bill was found against Col. al. Fair
brother for libel, and one against Capt.
n. A. Ramsay for libel. There are ru-
mors that a number of persons were in
dicted for gambling, and perhaps other
offences. One thing is certain and that
is the grand jury was not idle last week.
The next term of Durham Superior
court will have plenty of work before it.
There was big police court this
morning. The most of them were for
taking too much corn juice. Saturday
night was much abused in that way.
Mr.. G. II. Fetzer and family, who have
been visiting relatives in this city, went
to their home in Reidsville Saturday. 81
Mrs. II. G. Flower with her bright lit
tie baby. is here from far-away Kansas
City, on visit to her parents, Col. and
Mrs. J. S. Carr. Mrs. Flower has al
ways been great favorite in this city
and her coming is hailed with great de-
light by host of friends. She will
spend some time here. !. .se = so q
Mrs John Vanlangdingham is here
from Charlotte on a visit to- Mrs. j. III.
Halliburton.
Mr.. Marvin Carr has been here from
Horner's School on visit to his parents,
Col. and Mrs. J. s. Carr. &4 s~ @ss ~
Mr.. Harry Lake came over from the
University and spent Sunday with
friends in this city.
Mr.. John Lipscombe came over from
Chapel Hill and spent Sunday with kin
people.
A number of Lebanon township
tracts Of land were sold 1T. the conrt
house door to-day Tlle prices Brought :,
were very low.
Miss Belle Williams was here from
Oxford Saturday.
The following opinion will have wide
interest everywhere, as it treats of a
matter of much public interest.
Durham, n. c., May II.
Mr.. L. A. Carr, President Interstate
Telephone and Telegraph Company,
Durham, n. c.:
Dear Sir: In reply to your inquiry as
to the scope and effect of the recent de-
cision of the United States Supreme court
in the case of the United States VS.. Bell
Telephone Company, concerning the Ber-
liner patent, which Berliner assigned
to the Bell Telephone Company, we have
to say:
That, as we understand 1T, the decl-
sion of the Supreme court simply afhrms
the findings of the Court of Appeals III
that case, that is, they simply enter into
the question of fraud alleged to have
been perpetrated by the Bell Company
in securing unnecessary delays IN the u.s.
sue Of the Berliner patent. The Court OF
Appeals did not, nor does the Supreme
court, go into the question Of validity of
the Berliner patent. That question Is
still an open question which will have TO
be decided before the Bell Company, as
the assignee of Berliner can get rid OF
the competition which has sprung up In
opposition to that company since
1898, when the original Bell patent ex-
PRED.
ANY lawyer or other person who is
familiar with patent rights, Will, without
hesitation, say that any patent rlght
under letters patent, may be questioned,
and the letters patent issued to the pat
entee or his assigns confers on him mere
" a prima facie right to the claims al
lowed him under his application for
patent.
Section 1886, Revised Statutes United
States, provides:
"Any person who has invented or dis
covered any new and useful art, machine,
manufacture or composition of matter, or
any new and useful improvement thereon,
not known or used by others in this coun-
try, and not patented or described In
any printed publication in this or any for
-eign country, before his invention or DIS
covery thereof, and not in public use or
on sale for more than two years prior
to his application, unless the same IS
proved to have been abandoned, may,
upon payment of the fees required by Jaw
and other due proceedings had obtain
patent therefor"
Berliner filed his caveat in the Patent
Office on April IS, 1877, more than !,
year after the Bell patent was granted
Bell patented the method OF the micro
phone. but in doing so, he failed to pat
ent the apparatus with when ne use'
the method Whether the apparatu
which Berliner patented is really covere'
by the apparatus which Bell used, bu
failed to patent, or whether the varlou
kinds of apparatus for using Bells meth
cd (the patent on which method, as be
fore stated, has EXPIRED. invented am
used by others besides Beriner, elthe
Ths Facsimile signature OF cB
iscn every wrapper Of CASTORIA