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<h2> CHAPTER IX </h2>
<h3> THE TELEPHONE, MOTOGRAPH, AND MICROPHONE </h3>
<p>A VERY great invention has its own dramatic history. Episodes full of
human interest attend its development. The periods of weary struggle, the
daring adventure along unknown paths, the clash of rival claimants, are
closely similar to those which mark the revelation and subjugation of a
new continent. At the close of the epoch of discovery it is seen that
mankind as a whole has made one more great advance; but in the earlier
stages one watched chiefly the confused vicissitudes of fortune of the
individual pioneers. The great modern art of telephony has had thus in its
beginnings, its evolution, and its present status as a universal medium of
intercourse, all the elements of surprise, mystery, swift creation of
wealth, tragic interludes, and colossal battle that can appeal to the
imagination and hold public attention. And in this new electrical
industry, in laying its essential foundations, Edison has again been one
of the dominant figures.</p>
<p>As far back as 1837, the American, Page, discovered the curious fact that
an iron bar, when magnetized and demagnetized at short intervals of time,
emitted sounds due to the molecular disturbances in the mass. Philipp
Reis, a simple professor in Germany, utilized this principle in the
construction of apparatus for the transmission of sound; but in the grasp
of the idea he was preceded by Charles Bourseul, a young French soldier in
Algeria, who in 1854, under the title of "Electrical Telephony," in a
Parisian illustrated paper, gave a brief and lucid description as follows:</p>
<p>"We know that sounds are made by vibrations, and are made sensible to the
ear by the same vibrations, which are reproduced by the intervening
medium. But the intensity of the vibrations diminishes very rapidly with
the distance; so that even with the aid of speaking-tubes and trumpets it
is impossible to exceed somewhat narrow limits. Suppose a man speaks near
a movable disk sufficiently flexible to lose none of the vibrations of the
voice; that this disk alternately makes and breaks the connection with a
battery; you may have at a distance another disk which will simultaneously
execute the same vibrations.... Any one who is not deaf and dumb may use
this mode of transmission, which would require no apparatus except an
electric battery, two vibrating disks, and a wire."</p>
<p>This would serve admirably for a portrayal of the Bell telephone, except
that it mentions distinctly the use of the make-and-break method (i. e.,
where the circuit is necessarily opened and closed as in telegraphy,
although, of course, at an enormously higher rate), which has never proved
practical.</p>
<p>So far as is known Bourseul was not practical enough to try his own
suggestion, and never made a telephone. About 1860, Reis built several
forms of electrical telephonic apparatus, all imitating in some degree the
human ear, with its auditory tube, tympanum, etc., and examples of the
apparatus were exhibited in public not only in Germany, but in England.
There is a variety of testimony to the effect that not only musical
sounds, but stray words and phrases, were actually transmitted with
mediocre, casual success. It was impossible, however, to maintain the
devices in adjustment for more than a few seconds, since the invention
depended upon the make-and-break principle, the circuit being made and
broken every time an impulse-creating sound went through it, causing the
movement of the diaphragm on which the sound-waves impinged. Reis himself
does not appear to have been sufficiently interested in the marvellous
possibilities of the idea to follow it up—remarking to the man who
bought his telephonic instruments and tools that he had shown the world
the way. In reality it was not the way, although a monument erected to his
memory at Frankfort styles him the inventor of the telephone. As one of
the American judges said, in deciding an early litigation over the
invention of the telephone, a hundred years of Reis would not have given
the world the telephonic art for public use. Many others after Reis tried
to devise practical make-and-break telephones, and all failed; although
their success would have rendered them very valuable as a means of
fighting the Bell patent. But the method was a good starting-point, even
if it did not indicate the real path. If Reis had been willing to
experiment with his apparatus so that it did not make-and-break, he would
probably have been the true father of the telephone, besides giving it the
name by which it is known. It was not necessary to slam the gate open and
shut. All that was required was to keep the gate closed, and rattle the
latch softly. Incidentally it may be noted that Edison in experimenting
with the Reis transmitter recognized at once the defect caused by the
make-and-break action, and sought to keep the gap closed by the use,
first, of one drop of water, and later of several drops. But the water
decomposed, and the incurable defect was still there.</p>
<p>The Reis telephone was brought to America by Dr. P. H. Van der Weyde, a
well-known physicist in his day, and was exhibited by him before a
technical audience at Cooper Union, New York, in 1868, and described
shortly after in the technical press. The apparatus attracted attention,
and a set was secured by Prof. Joseph Henry for the Smithsonian
Institution. There the famous philosopher showed and explained it to
Alexander Graham Bell, when that young and persevering Scotch genius went
to get help and data as to harmonic telegraphy, upon which he was working,
and as to transmitting vocal sounds. Bell took up immediately and
energetically the idea that his two predecessors had dropped—and
reached the goal. In 1875 Bell, who as a student and teacher of vocal
physiology had unusual qualifications for determining feasible methods of
speech transmission, constructed his first pair of magneto telephones for
such a purpose. In February of 1876 his first telephone patent was applied
for, and in March it was issued. The first published account of the modern
speaking telephone was a paper read by Bell before the American Academy of
Arts and Sciences in Boston in May of that year; while at the Centennial
Exposition at Philadelphia the public first gained any familiarity with
it. It was greeted at once with scientific acclaim and enthusiasm as a
distinctly new and great invention, although at first it was regarded more
as a scientific toy than as a commercially valuable device.</p>
<p>By an extraordinary coincidence, the very day that Bell's application for
a patent went into the United States Patent Office, a caveat was filed
there by Elisha Gray, of Chicago, covering the specific idea of
transmitting speech and reproducing it in a telegraphic circuit "through
an instrument capable of vibrating responsively to all the tones of the
human voice, and by which they are rendered audible." Out of this incident
arose a struggle and a controversy whose echoes are yet heard as to the
legal and moral rights of the two inventors, the assertion even being made
that one of the most important claims of Gray, that on a liquid battery
transmitter, was surreptitiously "lifted" into the Bell application, then
covering only the magneto telephone. It was also asserted that the filing
of the Gray caveat antedated by a few hours the filing of the Bell
application. All such issues when brought to the American courts were
brushed aside, the Bell patent being broadly maintained in all its
remarkable breadth and fullness, embracing an entire art; but Gray was
embittered and chagrined, and to the last expressed his belief that the
honor and glory should have been his. The path of Gray to the telephone
was a natural one. A Quaker carpenter who studied five years at Oberlin
College, he took up electrical invention, and brought out many ingenious
devices in rapid succession in the telegraphic field, including the now
universal needle annunciator for hotels, etc., the useful telautograph,
automatic self-adjusting relays, private-line printers—leading up to
his famous "harmonic" system. This was based upon the principle that a
sound produced in the presence of a reed or tuning-fork responding to the
sound, and acting as the armature of a magnet in a closed circuit, would,
by induction, set up electric impulses in the circuit and cause a distant
magnet having a similarly tuned armature to produce the same tone or note.
He also found that over the same wire at the same time another series of
impulses corresponding to another note could be sent through the agency of
a second set of magnets without in any way interfering with the first
series of impulses. Building the principle into apparatus, with a keyboard
and vibrating "reeds" before his magnets, Doctor Gray was able not only to
transmit music by his harmonic telegraph, but went so far as to send nine
different telegraph messages at the same instant, each set of instruments
depending on its selective note, while any intermediate office could pick
up the message for itself by simply tuning its relays to the keynote
required. Theoretically the system could be split up into any number of
notes and semi-tones. Practically it served as the basis of some real
telegraphic work, but is not now in use. Any one can realize, however,
that it did not take so acute and ingenious a mind very long to push
forward to the telephone, as a dangerous competitor with Bell, who had
also, like Edison, been working assiduously in the field of acoustic and
multiple telegraphs. Seen in the retrospect, the struggle for the goal at
this moment was one of the memorable incidents in electrical history.</p>
<p>Among the interesting papers filed at the Orange Laboratory is a
lithograph, the size of an ordinary patent drawing, headed "First
Telephone on Record." The claim thus made goes back to the period when all
was war, and when dispute was hot and rife as to the actual invention of
the telephone. The device shown, made by Edison in 1875, was actually
included in a caveat filed January 14, 1876, a month before Bell or Gray.
It shows a little solenoid arrangement, with one end of the plunger
attached to the diaphragm of a speaking or resonating chamber. Edison
states that while the device is crudely capable of use as a magneto
telephone, he did not invent it for transmitting speech, but as an
apparatus for analyzing the complex waves arising from various sounds. It
was made in pursuance of his investigations into the subject of harmonic
telegraphs. He did not try the effect of sound-waves produced by the human
voice until Bell came forward a few months later; but he found then that
this device, made in 1875, was capable of use as a telephone. In his
testimony and public utterances Edison has always given Bell credit for
the discovery of the transmission of articulate speech by talking against
a diaphragm placed in front of an electromagnet; but it is only proper
here to note, in passing, the curious fact that he had actually produced a
device that COULD talk, prior to 1876, and was therefore very close to
Bell, who took the one great step further. A strong characterization of
the value and importance of the work done by Edison in the development of
the carbon transmitter will be found in the decision of Judge Brown in the
United States Circuit Court of Appeals, sitting in Boston, on February 27,
1901, declaring void the famous Berliner patent of the Bell telephone
system. [5]</p>
<p>[Footnote 5: See Federal Reporter, vol. 109, p. 976 et seq.]<br/></p>
<p>Bell's patent of 1876 was of an all-embracing character, which only the
make-and-break principle, if practical, could have escaped. It was pointed
out in the patent that Bell discovered the great principle that electrical
undulations induced by the vibrations of a current produced by sound-waves
can be represented graphically by the same sinusoidal curve that expresses
the original sound vibrations themselves; or, in other words, that a curve
representing sound vibrations will correspond precisely to a curve
representing electric impulses produced or generated by those identical
sound vibrations—as, for example, when the latter impinge upon a
diaphragm acting as an armature of an electromagnet, and which by movement
to and fro sets up the electric impulses by induction. To speak plainly,
the electric impulses correspond in form and character to the sound
vibration which they represent. This reduced to a patent "claim" governed
the art as firmly as a papal bull for centuries enabled Spain to hold the
Western world. The language of the claim is: "The method of and apparatus
for transmitting vocal or other sounds telegraphically as herein
described, by causing electrical undulations similar in form to the
vibrations of the air accompanying the said vocal or other sounds
substantially as set forth." It was a long time, however, before the
inclusive nature of this grant over every possible telephone was
understood or recognized, and litigation for and against the patent lasted
during its entire life. At the outset, the commercial value of the
telephone was little appreciated by the public, and Bell had the greatest
difficulty in securing capital; but among far-sighted inventors there was
an immediate "rush to the gold fields." Bell's first apparatus was poor,
the results being described by himself as "unsatisfactory and
discouraging," which was almost as true of the devices he exhibited at the
Philadelphia Centennial. The new-comers, like Edison, Berliner, Blake,
Hughes, Gray, Dolbear, and others, brought a wealth of ideas, a fund of
mechanical ingenuity, and an inventive ability which soon made the
telephone one of the most notable gains of the century, and one of the
most valuable additions to human resources. The work that Edison did was,
as usual, marked by infinite variety of method as well as by the power to
seize on the one needed element of practical success. Every one of the six
million telephones in use in the United States, and of the other millions
in use through out the world, bears the imprint of his genius, as at one
time the instruments bore his stamped name. For years his name was branded
on every Bell telephone set, and his patents were a mainstay of what has
been popularly called the "Bell monopoly." Speaking of his own efforts in
this field, Mr. Edison says:</p>
<p>"In 1876 I started again to experiment for the Western Union and Mr.
Orton. This time it was the telephone. Bell invented the first telephone,
which consisted of the present receiver, used both as a transmitter and a
receiver (the magneto type). It was attempted to introduce it
commercially, but it failed on account of its faintness and the extraneous
sounds which came in on its wires from various causes. Mr. Orton wanted me
to take hold of it and make it commercial. As I had also been working on a
telegraph system employing tuning-forks, simultaneously with both Bell and
Gray, I was pretty familiar with the subject. I started in, and soon
produced the carbon transmitter, which is now universally used.</p>
<p>"Tests were made between New York and Philadelphia, also between New York
and Washington, using regular Western Union wires. The noises were so
great that not a word could be heard with the Bell receiver when used as a
transmitter between New York and Newark, New Jersey. Mr. Orton and W. K.
Vanderbilt and the board of directors witnessed and took part in the
tests. The Western Union then put them on private lines. Mr. Theodore
Puskas, of Budapest, Hungary, was the first man to suggest a telephone
exchange, and soon after exchanges were established. The telephone
department was put in the hands of Hamilton McK. Twombly, Vanderbilt's
ablest son-in-law, who made a success of it. The Bell company, of Boston,
also started an exchange, and the fight was on, the Western Union pirating
the Bell receiver, and the Boston company pirating the Western Union
transmitter. About this time I wanted to be taken care of. I threw out
hints of this desire. Then Mr. Orton sent for me. He had learned that
inventors didn't do business by the regular process, and concluded he
would close it right up. He asked me how much I wanted. I had made up my
mind it was certainly worth $25,000, if it ever amounted to anything for
central-station work, so that was the sum I had in mind to stick to and
get—obstinately. Still it had been an easy job, and only required a
few months, and I felt a little shaky and uncertain. So I asked him to
make me an offer. He promptly said he would give me $100,000. 'All right,'
I said. 'It is yours on one condition, and that is that you do not pay it
all at once, but pay me at the rate of $6000 per year for seventeen years'—the
life of the patent. He seemed only too pleased to do this, and it was
closed. My ambition was about four times too large for my business
capacity, and I knew that I would soon spend this money experimenting if I
got it all at once, so I fixed it that I couldn't. I saved seventeen years
of worry by this stroke."</p>
<p>Thus modestly is told the debut of Edison in the telephone art, to which
with his carbon transmitter he gave the valuable principle of varying the
resistance of the transmitting circuit with changes in the pressure, as
well as the vital practice of using the induction coil as a means of
increasing the effective length of the talking circuit. Without these,
modern telephony would not and could not exist. [6] But Edison, in
telephonic work, as in other directions, was remarkably fertile and
prolific. His first inventions in the art, made in 1875-76, continue
through many later years, including all kinds of carbon instruments
—the water telephone, electrostatic telephone, condenser telephone,
chemical telephone, various magneto telephones, inertia telephone, mercury
telephone, voltaic pile telephone, musical transmitter, and the
electromotograph. All were actually made and tested.</p>
<p>[Footnote 6: Briefly stated, the essential difference<br/>
between Bell's telephone and Edison's is this: With the<br/>
former the sound vibrations impinge upon a steel diaphragm<br/>
arranged adjacent to the pole of a bar electromagnet,<br/>
whereby the diaphragm acts as an armature, and by its<br/>
vibrations induces very weak electric impulses in the<br/>
magnetic coil. These impulses, according to Bell's theory,<br/>
correspond in form to the sound-waves, and passing over the<br/>
line energize the magnet coil at the receiving end, and by<br/>
varying the magnetism cause the receiving diaphragm to be<br/>
similarly vibrated to reproduce the sounds. A single<br/>
apparatus is therefore used at each end, performing the<br/>
double function of transmitter and receiver. With Edison's<br/>
telephone a closed circuit is used on which is constantly<br/>
flowing a battery current, and included in that circuit is a<br/>
pair of electrodes, one or both of which is of carbon. These<br/>
electrodes are always in contact with a certain initial<br/>
pressure, so that current will be always flowing over the<br/>
circuit. One of the electrodes is connected with the<br/>
diaphragm on which the sound-waves impinge, and the<br/>
vibration of this diaphragm causes the pressure between the<br/>
electrodes to be correspondingly varied, and thereby effects<br/>
a variation in the current, resulting in the production of<br/>
impulses which actuate the receiving magnet. In other words,<br/>
with Bell's telephone the sound-waves themselves generate<br/>
the electric impulses, which are hence extremely faint. With<br/>
the Edison telephone, the sound-waves actuate an electric<br/>
valve, so to speak, and permit variations in a current of<br/>
any desired strength.<br/>
<br/>
A second distinction between the two telephones is this:<br/>
With the Bell apparatus the very weak electric impulses<br/>
generated by the vibration of the transmitting diaphragm<br/>
pass over the entire line to the receiving end, and in<br/>
consequence the permissible length of line is limited to a<br/>
few miles under ideal conditions. With Edison's telephone<br/>
the battery current does not flow on the main line, but<br/>
passes through the primary circuit of an induction coil, by<br/>
which corresponding impulses of enormously higher potential<br/>
are sent out on the main line to the receiving end. In<br/>
consequence, the line may be hundreds of miles in length. No<br/>
modern telephone system in use to-day lacks these<br/>
characteristic features—the varying resistance and the<br/>
induction coil.]<br/></p>
<p>The principle of the electromotograph was utilized by Edison in more ways
than one, first of all in telegraphy at this juncture. The well-known Page
patent, which had lingered in the Patent Office for years, had just been
issued, and was considered a formidable weapon. It related to the use of a
retractile spring to withdraw the armature lever from the magnet of a
telegraph or other relay or sounder, and thus controlled the art of
telegraphy, except in simple circuits. "There was no known way," remarks
Edison, "whereby this patent could be evaded, and its possessor would
eventually control the use of what is known as the relay and sounder, and
this was vital to telegraphy. Gould was pounding the Western Union on the
Stock Exchange, disturbing its railroad contracts, and, being advised by
his lawyers that this patent was of great value, bought it. The moment Mr.
Orton heard this he sent for me and explained the situation, and wanted me
to go to work immediately and see if I couldn't evade it or discover some
other means that could be used in case Gould sustained the patent. It
seemed a pretty hard job, because there was no known means of moving a
lever at the other end of a telegraph wire except by the use of a magnet.
I said I would go at it that night. In experimenting some years
previously, I had discovered a very peculiar phenomenon, and that was that
if a piece of metal connected to a battery was rubbed over a moistened
piece of chalk resting on a metal connected to the other pole, when the
current passed the friction was greatly diminished. When the current was
reversed the friction was greatly increased over what it was when no
current was passing. Remembering this, I substituted a piece of chalk
rotated by a small electric motor for the magnet, and connecting a sounder
to a metallic finger resting on the chalk, the combination claim of Page
was made worthless. A hitherto unknown means was introduced in the
electric art. Two or three of the devices were made and tested by the
company's expert. Mr. Orton, after he had me sign the patent application
and got it in the Patent Office, wanted to settle for it at once. He asked
my price. Again I said: 'Make me an offer.' Again he named $100,000. I
accepted, providing he would pay it at the rate of $6000 a year for
seventeen years. This was done, and thus, with the telephone money, I
received $12,000 yearly for that period from the Western Union Telegraph
Company."</p>
<p>A year or two later the motograph cropped up again in Edison's work in a
curious manner. The telephone was being developed in England, and Edison
had made arrangements with Colonel Gouraud, his old associate in the
automatic telegraph, to represent his interests. A company was formed, a
large number of instruments were made and sent to Gouraud in London, and
prospects were bright. Then there came a threat of litigation from the
owners of the Bell patent, and Gouraud found he could not push the
enterprise unless he could avoid using what was asserted to be an
infringement of the Bell receiver. He cabled for help to Edison, who sent
back word telling him to hold the fort. "I had recourse again," says
Edison, "to the phenomenon discovered by me years previous, that the
friction of a rubbing electrode passing over a moist chalk surface was
varied by electricity. I devised a telephone receiver which was afterward
known as the 'loud-speaking telephone,' or 'chalk receiver.' There was no
magnet, simply a diaphragm and a cylinder of compressed chalk about the
size of a thimble. A thin spring connected to the centre of the diaphragm
extended outwardly and rested on the chalk cylinder, and was pressed
against it with a pressure equal to that which would be due to a weight of
about six pounds. The chalk was rotated by hand. The volume of sound was
very great. A person talking into the carbon transmitter in New York had
his voice so amplified that he could be heard one thousand feet away in an
open field at Menlo Park. This great excess of power was due to the fact
that the latter came from the person turning the handle. The voice,
instead of furnishing all the power as with the present receiver, merely
controlled the power, just as an engineer working a valve would control a
powerful engine.</p>
<p>"I made six of these receivers and sent them in charge of an expert on the
first steamer. They were welcomed and tested, and shortly afterward I
shipped a hundred more. At the same time I was ordered to send twenty
young men, after teaching them to become expert. I set up an exchange,
around the laboratory, of ten instruments. I would then go out and get
each one out of order in every conceivable way, cutting the wires of one,
short-circuiting another, destroying the adjustment of a third, putting
dirt between the electrodes of a fourth, and so on. A man would be sent to
each to find out the trouble. When he could find the trouble ten
consecutive times, using five minutes each, he was sent to London. About
sixty men were sifted to get twenty. Before all had arrived, the Bell
company there, seeing we could not be stopped, entered into negotiations
for consolidation. One day I received a cable from Gouraud offering
'30,000' for my interest. I cabled back I would accept. When the draft
came I was astonished to find it was for L30,000. I had thought it was
dollars."</p>
<p>In regard to this singular and happy conclusion, Edison makes some
interesting comments as to the attitude of the courts toward inventors,
and the difference between American and English courts. "The men I sent
over were used to establish telephone exchanges all over the Continent,
and some of them became wealthy. It was among this crowd in London that
Bernard Shaw was employed before he became famous. The chalk telephone was
finally discarded in favor of the Bell receiver—the latter being
more simple and cheaper. Extensive litigation with new-comers followed. My
carbon-transmitter patent was sustained, and preserved the monopoly of the
telephone in England for many years. Bell's patent was not sustained by
the courts. Sir Richard Webster, now Chief-Justice of England, was my
counsel, and sustained all of my patents in England for many years.
Webster has a marvellous capacity for understanding things scientific; and
his address before the courts was lucidity itself. His brain is highly
organized. My experience with the legal fraternity is that scientific
subjects are distasteful to them, and it is rare in this country, on
account of the system of trying patent suits, for a judge really to reach
the meat of the controversy, and inventors scarcely ever get a decision
squarely and entirely in their favor. The fault rests, in my judgment,
almost wholly with the system under which testimony to the extent of
thousands of pages bearing on all conceivable subjects, many of them
having no possible connection with the invention in dispute, is presented
to an over-worked judge in an hour or two of argument supported by several
hundred pages of briefs; and the judge is supposed to extract some essence
of justice from this mass of conflicting, blind, and misleading
statements. It is a human impossibility, no matter how able and
fair-minded the judge may be. In England the case is different. There the
judges are face to face with the experts and other witnesses. They get the
testimony first-hand and only so much as they need, and there are no
long-winded briefs and arguments, and the case is decided then and there,
a few months perhaps after suit is brought, instead of many years
afterward, as in this country. And in England, when a case is once finally
decided it is settled for the whole country, while here it is not so. Here
a patent having once been sustained, say, in Boston, may have to be
litigated all over again in New York, and again in Philadelphia, and so on
for all the Federal circuits. Furthermore, it seems to me that scientific
disputes should be decided by some court containing at least one or two
scientific men—men capable of comprehending the significance of an
invention and the difficulties of its accomplishment—if justice is
ever to be given to an inventor. And I think, also, that this court should
have the power to summon before it and examine any recognized expert in
the special art, who might be able to testify to FACTS for or against the
patent, instead of trying to gather the truth from the tedious essays of
hired experts, whose depositions are really nothing but sworn arguments.
The real gist of patent suits is generally very simple, and I have no
doubt that any judge of fair intelligence, assisted by one or more
scientific advisers, could in a couple of days at the most examine all the
necessary witnesses; hear all the necessary arguments, and actually decide
an ordinary patent suit in a way that would more nearly be just, than can
now be done at an expenditure of a hundred times as much money and months
and years of preparation. And I have no doubt that the time taken by the
court would be enormously less, because if a judge attempts to read the
bulky records and briefs, that work alone would require several days.</p>
<p>"Acting as judges, inventors would not be very apt to correctly decide a
complicated law point; and on the other hand, it is hard to see how a
lawyer can decide a complicated scientific point rightly. Some inventors
complain of our Patent Office, but my own experience with the Patent
Office is that the examiners are fair-minded and intelligent, and when
they refuse a patent they are generally right; but I think the whole
trouble lies with the system in vogue in the Federal courts for trying
patent suits, and in the fact, which cannot be disputed, that the Federal
judges, with but few exceptions, do not comprehend complicated scientific
questions. To secure uniformity in the several Federal circuits and
correct errors, it has been proposed to establish a central court of
patent appeals in Washington. This I believe in; but this court should
also contain at least two scientific men, who would not be blind to the
sophistry of paid experts. [7] Men whose inventions would have created
wealth of millions have been ruined and prevented from making any money
whereby they could continue their careers as creators of wealth for the
general good, just because the experts befuddled the judge by their
misleading statements."</p>
<p>[Footnote 7: As an illustration of the perplexing nature of<br/>
expert evidence in patent cases, the reader will probably be<br/>
interested in perusing the following extracts from the<br/>
opinion of Judge Dayton, in the suit of Bryce Bros. Co. vs.<br/>
Seneca Glass Co., tried in the United States Circuit Court,<br/>
Northern District of West Virginia, reported in The Federal<br/>
Reporter, 140, page 161:<br/>
<br/>
"On this subject of the validity of this patent, a vast<br/>
amount of conflicting, technical, perplexing, and almost<br/>
hypercritical discussion and opinion has been indulged, both<br/>
in the testimony and in the able and exhaustive arguments<br/>
and briefs of counsel. Expert Osborn for defendant, after<br/>
setting forth minutely his superior qualifications<br/>
mechanical education, and great experience, takes up in<br/>
detail the patent claims, and shows to his own entire<br/>
satisfaction that none of them are new; that all of them<br/>
have been applied, under one form or another, in some<br/>
twenty-two previous patents, and in two other machines, not<br/>
patented, to-wit, the Central Glass and Kuny Kahbel ones;<br/>
that the whole machine is only 'an aggregation of well-known<br/>
mechanical elements that any skilled designer would bring to<br/>
his use in the construction of such a machine.' This<br/>
certainly, under ordinary conditions, would settle the<br/>
matter beyond peradventure; for this witness is a very wise<br/>
and learned man in these things, and very positive. But<br/>
expert Clarke appears for the plaintiff, and after setting<br/>
forth just as minutely his superior qualifications,<br/>
mechanical education, and great experience, which appear<br/>
fully equal in all respects to those of expert Osborn,<br/>
proceeds to take up in detail the patent claims, and shows<br/>
to his entire satisfaction that all, with possibly one<br/>
exception, are new, show inventive genius, and distinct<br/>
advances upon the prior art. In the most lucid, and even<br/>
fascinating, way he discusses all the parts of this machine,<br/>
compares it with the others, draws distinctions, points out<br/>
the merits of the one in controversy and the defects of all<br/>
the others, considers the twenty-odd patents referred to by<br/>
Osborn, and in the politest, but neatest, manner imaginable<br/>
shows that expert Osborn did not know what he was talking<br/>
about, and sums the whole matter up by declaring this<br/>
'invention of Mr. Schrader's, as embodied in the patent in<br/>
suit, a radical and wide departure, from the Kahbel machine'<br/>
(admitted on all sides to be nearest prior approach to it),<br/>
'a distinct and important advance in the art of engraving<br/>
glassware, and generally a machine for this purpose which<br/>
has involved the exercise of the inventive faculty in the<br/>
highest degree.'<br/>
<br/>
"Thus a more radical and irreconcilable disagreement between<br/>
experts touching the same thing could hardly be found. So it<br/>
is with the testimony. If we take that for the defendant,<br/>
the Central Glass Company machine, and especially the Kuny<br/>
Kahbel machine, built and operated years before this patent<br/>
issued, and not patented, are just as good, just as<br/>
effective and practical, as this one, and capable of turning<br/>
out just as perfect work and as great a variety of it. On<br/>
the other hand, if we take that produced by the plaintiff,<br/>
we are driven to the conclusion that these prior machines,<br/>
the product of the same mind, were only progressive steps<br/>
forward from utter darkness, so to speak, into full<br/>
inventive sunlight, which made clear to him the solution of<br/>
the problem in this patented machine. The shortcomings of<br/>
the earlier machines are minutely set forth, and the<br/>
witnesses for the plaintiff are clear that they are neither<br/>
practical nor profitable.<br/>
<br/>
"But this is not all of the trouble that confronts us in<br/>
this case. Counsel of both sides, with an indomitable<br/>
courage that must command admiration, a courage that has led<br/>
them to a vast amount of study, investigation, and thought,<br/>
that in fact has made them all experts, have dissected this<br/>
record of 356 closely printed pages, applied all mechanical<br/>
principles and laws to the facts as they see them, and,<br/>
besides, have ransacked the law-books and cited an enormous<br/>
number of cases, more or less in point, as illustration of<br/>
their respective contentions. The courts find nothing more<br/>
difficult than to apply an abstract principle to all classes<br/>
of cases that may arise. The facts in each case so<br/>
frequently create an exception to the general rule that such<br/>
rule must be honored rather in its breach than in its<br/>
observance. Therefore, after a careful examination of these<br/>
cases, it is no criticism of the courts to say that both<br/>
sides have found abundant and about an equal amount of<br/>
authority to sustain their respective contentions, and, as a<br/>
result, counsel have submitted, in briefs, a sum total of<br/>
225 closely printed pages, in which they have clearly, yet,<br/>
almost to a mathematical certainty, demonstrated on the one<br/>
side that this Schrader machine is new and patentable, and<br/>
on the other that it is old and not so. Under these<br/>
circumstances, it would be unnecessary labor and a fruitless<br/>
task for me to enter into any further technical discussion<br/>
of the mechanical problems involved, for the purpose of<br/>
seeking to convince either side of its error. In cases of<br/>
such perplexity as this generally some incidents appear that<br/>
speak more unerringly than do the tongues of the witnesses,<br/>
and to some of these I purpose to now refer."]<br/></p>
<p>Mr. Bernard Shaw, the distinguished English author, has given a most vivid
and amusing picture of this introduction of Edison's telephone into
England, describing the apparatus as "a much too ingenious invention,
being nothing less than a telephone of such stentorian efficiency that it
bellowed your most private communications all over the house, instead of
whispering them with some sort of discretion." Shaw, as a young man, was
employed by the Edison Telephone Company, and was very much alive to his
surroundings, often assisting in public demonstrations of the apparatus
"in a manner which I am persuaded laid the foundation of Mr. Edison's
reputation." The sketch of the men sent over from America is graphic:
"Whilst the Edison Telephone Company lasted it crowded the basement of a
high pile of offices in Queen Victoria Street with American artificers.
These deluded and romantic men gave me a glimpse of the skilled
proletariat of the United States. They sang obsolete sentimental songs
with genuine emotion; and their language was frightful even to an
Irishman. They worked with a ferocious energy which was out of all
proportion to the actual result achieved. Indomitably resolved to assert
their republican manhood by taking no orders from a tall-hatted Englishman
whose stiff politeness covered his conviction that they were relatively to
himself inferior and common persons, they insisted on being slave-driven
with genuine American oaths by a genuine free and equal American foreman.
They utterly despised the artfully slow British workman, who did as little
for his wages as he possibly could; never hurried himself; and had a deep
reverence for one whose pocket could be tapped by respectful behavior.
Need I add that they were contemptuously wondered at by this same British
workman as a parcel of outlandish adult boys who sweated themselves for
their employer's benefit instead of looking after their own interest? They
adored Mr. Edison as the greatest man of all time in every possible
department of science, art, and philosophy, and execrated Mr. Graham Bell,
the inventor of the rival telephone, as his Satanic adversary; but each of
them had (or intended to have) on the brink of completion an improvement
on the telephone, usually a new transmitter. They were free-souled
creatures, excellent company, sensitive, cheerful, and profane; liars,
braggarts, and hustlers, with an air of making slow old England hum, which
never left them even when, as often happened, they were wrestling with
difficulties of their own making, or struggling in no-thoroughfares, from
which they had to be retrieved like stray sheep by Englishmen without
imagination enough to go wrong."</p>
<p>Mr. Samuel Insull, who afterward became private secretary to Mr. Edison,
and a leader in the development of American electrical manufacturing and
the central-station art, was also in close touch with the London situation
thus depicted, being at the time private secretary to Colonel Gouraud, and
acting for the first half hour as the amateur telephone operator in the
first experimental exchange erected in Europe. He took notes of an early
meeting where the affairs of the company were discussed by leading men
like Sir John Lubbock (Lord Avebury) and the Right Hon. E. P. Bouverie
(then a cabinet minister), none of whom could see in the telephone much
more than an auxiliary for getting out promptly in the next morning's
papers the midnight debates in Parliament. "I remember another incident,"
says Mr. Insull. "It was at some celebration of one of the Royal Societies
at the Burlington House, Piccadilly. We had a telephone line running
across the roofs to the basement of the building. I think it was to
Tyndall's laboratory in Burlington Street. As the ladies and gentlemen
came through, they naturally wanted to look at the great curiosity, the
loud-speaking telephone: in fact, any telephone was a curiosity then. Mr.
and Mrs. Gladstone came through. I was handling the telephone at the
Burlington House end. Mrs. Gladstone asked the man over the telephone
whether he knew if a man or woman was speaking; and the reply came in
quite loud tones that it was a man!"</p>
<p>With Mr. E. H. Johnson, who represented Edison, there went to England for
the furtherance of this telephone enterprise, Mr. Charles Edison, a nephew
of the inventor. He died in Paris, October, 1879, not twenty years of age.
Stimulated by the example of his uncle, this brilliant youth had already
made a mark for himself as a student and inventor, and when only eighteen
he secured in open competition the contract to install a complete
fire-alarm telegraph system for Port Huron. A few months later he was
eagerly welcomed by his uncle at Menlo Park, and after working on the
telephone was sent to London to aid in its introduction. There he made the
acquaintance of Professor Tyndall, exhibited the telephone to the late
King of England; and also won the friendship of the late King of the
Belgians, with whom he took up the project of establishing telephonic
communication between Belgium and England. At the time of his premature
death he was engaged in installing the Edison quadruplex between Brussels
and Paris, being one of the very few persons then in Europe familiar with
the working of that invention.</p>
<p>Meantime, the telephonic art in America was undergoing very rapid
development. In March, 1878, addressing "the capitalists of the Electric
Telephone Company" on the future of his invention, Bell outlined with
prophetic foresight and remarkable clearness the coming of the modern
telephone exchange. Comparing with gas and water distribution, he said:
"In a similar manner, it is conceivable that cables of telephone wires
could be laid underground or suspended overhead communicating by branch
wires with private dwellings, country houses, shops, manufactories, etc.,
uniting them through the main cable with a central office, where the wire
could be connected as desired, establishing direct communication between
any two places in the city.... Not only so, but I believe, in the future,
wires will unite the head offices of telephone companies in different
cities; and a man in one part of the country may communicate by word of
mouth with another in a distant place."</p>
<p>All of which has come to pass. Professor Bell also suggested how this
could be done by "the employ of a man in each central office for the
purpose of connecting the wires as directed." He also indicated the two
methods of telephonic tariff—a fixed rental and a toll; and
mentioned the practice, now in use on long-distance lines, of a time
charge. As a matter of fact, this "centralizing" was attempted in May,
1877, in Boston, with the circuits of the Holmes burglar-alarm system,
four banking-houses being thus interconnected; while in January of 1878
the Bell telephone central-office system at New Haven, Connecticut, was
opened for business, "the first fully equipped commercial telephone
exchange ever established for public or general service."</p>
<p>All through this formative period Bell had adhered to and introduced the
magneto form of telephone, now used only as a receiver, and very poorly
adapted for the vital function of a speech-transmitter. From August, 1877,
the Western Union Telegraph Company worked along the other line, and in
1878, with its allied Gold & Stock Telegraph Company, it brought into
existence the American Speaking Telephone Company to introduce the Edison
apparatus, and to create telephone exchanges all over the country. In this
warfare, the possession of a good battery transmitter counted very heavily
in favor of the Western Union, for upon that the real expansion of the
whole industry depended; but in a few months the Bell system had its
battery transmitter, too, tending to equalize matters. Late in the same
year patent litigation was begun which brought out clearly the merits of
Bell, through his patent, as the original and first inventor of the
electric speaking telephone; and the Western Union Telegraph Company made
terms with its rival. A famous contract bearing date of November 10, 1879,
showed that under the Edison and other controlling patents the Western
Union Company had already set going some eighty-five exchanges, and was
making large quantities of telephonic apparatus. In return for its
voluntary retirement from the telephonic field, the Western Union
Telegraph Company, under this contract, received a royalty of 20 per cent.
of all the telephone earnings of the Bell system while the Bell patents
ran; and thus came to enjoy an annual income of several hundred thousand
dollars for some years, based chiefly on its modest investment in Edison's
work. It was also paid several thousand dollars in cash for the Edison,
Phelps, Gray, and other apparatus on hand. It secured further 40 per cent.
of the stock of the local telephone systems of New York and Chicago; and
last, but by no means least, it exacted from the Bell interests an
agreement to stay out of the telegraph field.</p>
<p>By March, 1881, there were in the United States only nine cities of more
than ten thousand inhabitants, and only one of more than fifteen thousand,
without a telephone exchange. The industry thrived under competition, and
the absence of it now had a decided effect in checking growth; for when
the Bell patent expired in 1893, the total of telephone sets in operation
in the United States was only 291,253. To quote from an official Bell
statement:</p>
<p>"The brief but vigorous Western Union competition was a kind of blessing
in disguise. The very fact that two distinct interests were actively
engaged in the work of organizing and establishing competing telephone
exchanges all over the country, greatly facilitated the spread of the idea
and the growth of the business, and familiarized the people with the use
of the telephone as a business agency; while the keenness of the
competition, extending to the agents and employees of both companies,
brought about a swift but quite unforeseen and unlooked-for expansion in
the individual exchanges of the larger cities, and a corresponding advance
in their importance, value, and usefulness."</p>
<p>The truth of this was immediately shown in 1894, after the Bell patents
had expired, by the tremendous outburst of new competitive activity, in
"independent" country systems and toll lines through sparsely settled
districts—work for which the Edison apparatus and methods were
peculiarly adapted, yet against which the influence of the Edison patent
was invoked. The data secured by the United States Census Office in 1902
showed that the whole industry had made gigantic leaps in eight years, and
had 2,371,044 telephone stations in service, of which 1,053,866 were
wholly or nominally independent of the Bell. By 1907 an even more notable
increase was shown, and the Census figures for that year included no fewer
than 6,118,578 stations, of which 1,986,575 were "independent." These six
million instruments every single set employing the principle of the carbon
transmitter—were grouped into 15,527 public exchanges, in the very
manner predicted by Bell thirty years before, and they gave service in the
shape of over eleven billions of talks. The outstanding capitalized value
of the plant was $814,616,004, the income for the year was nearly
$185,000,000, and the people employed were 140,000. If Edison had done
nothing else, his share in the creation of such an industry would have
entitled him to a high place among inventors.</p>
<p>This chapter is of necessity brief in its reference to many extremely
interesting points and details; and to some readers it may seem incomplete
in its references to the work of other men than Edison, whose influence on
telephony as an art has also been considerable. In reply to this pertinent
criticism, it may be pointed out that this is a life of Edison, and not of
any one else; and that even the discussion of his achievements alone in
these various fields requires more space than the authors have at their
disposal. The attempt has been made, however, to indicate the course of
events and deal fairly with the facts. The controversy that once waged
with great excitement over the invention of the microphone, but has long
since died away, is suggestive of the difficulties involved in trying to
do justice to everybody. A standard history describes the microphone thus:</p>
<p>"A form of apparatus produced during the early days of the telephone by
Professor Hughes, of England, for the purpose of rendering faint,
indistinct sounds distinctly audible, depended for its operation on the
changes that result in the resistance of loose contacts. This apparatus
was called the microphone, and was in reality but one of the many forms
that it is possible to give to the telephone transmitter. For example, the
Edison granular transmitter was a variety of microphone, as was also
Edison's transmitter, in which the solid button of carbon was employed.
Indeed, even the platinum point, which in the early form of the Reis
transmitter pressed against the platinum contact cemented to the centre of
the diaphragm, was a microphone."</p>
<p>At a time when most people were amazed at the idea of hearing, with the
aid of a "microphone," a fly walk at a distance of many miles, the
priority of invention of such a device was hotly disputed. Yet without
desiring to take anything from the credit of the brilliant American,
Hughes, whose telegraphic apparatus is still in use all over Europe, it
may be pointed out that this passage gives Edison the attribution of at
least two original forms of which those suggested by Hughes were mere
variations and modifications. With regard to this matter, Mr. Edison
himself remarks: "After I sent one of my men over to London especially, to
show Preece the carbon transmitter, and where Hughes first saw it, and
heard it—then within a month he came out with the microphone,
without any acknowledgment whatever. Published dates will show that Hughes
came along after me."</p>
<p>There have been other ways also in which Edison has utilized the peculiar
property that carbon possesses of altering its resistance to the passage
of current, according to the pressure to which it is subjected, whether at
the surface, or through closer union of the mass. A loose road with a few
inches of dust or pebbles on it offers appreciable resistance to the
wheels of vehicles travelling over it; but if the surface is kept hard and
smooth the effect is quite different. In the same way carbon, whether
solid or in the shape of finely divided powder, offers a high resistance
to the passage of electricity; but if the carbon is squeezed together the
conditions change, with less resistance to electricity in the circuit. For
his quadruplex system, Mr. Edison utilized this fact in the construction
of a rheostat or resistance box. It consists of a series of silk disks
saturated with a sizing of plumbago and well dried. The disks are
compressed by means of an adjustable screw; and in this manner the
resistance of a circuit can be varied over a wide range.</p>
<p>In like manner Edison developed a "pressure" or carbon relay, adapted to
the transference of signals of variable strength from one circuit to
another. An ordinary relay consists of an electromagnet inserted in the
main line for telegraphing, which brings a local battery and sounder
circuit into play, reproducing in the local circuit the signals sent over
the main line. The relay is adjusted to the weaker currents likely to be
received, but the signals reproduced on the sounder by the agency of the
relay are, of course, all of equal strength, as they depend upon the local
battery, which has only this steady work to perform. In cases where it is
desirable to reproduce the signals in the local circuit with the same
variations in strength as they are received by the relay, the Edison
carbon pressure relay does the work. The poles of the electromagnet in the
local circuit are hollowed out and filled up with carbon disks or powdered
plumbago. The armature and the carbon-tipped poles of the electromagnet
form part of the local circuit; and if the relay is actuated by a weak
current the armature will be attracted but feebly. The carbon being only
slightly compressed will offer considerable resistance to the flow of
current from the local battery, and therefore the signal on the local
sounder will be weak. If, on the contrary, the incoming current on the
main line be strong, the armature will be strongly attracted, the carbon
will be sharply compressed, the resistance in the local circuit will be
proportionately lowered, and the signal heard on the local sounder will be
a loud one. Thus it will be seen, by another clever juggle with the
willing agent, carbon, for which he has found so many duties, Edison is
able to transfer or transmit exactly, to the local circuit, the main-line
current in all its minutest variations.</p>
<p>In his researches to determine the nature of the motograph phenomena, and
to open up other sources of electrical current generation, Edison has
worked out a very ingenious and somewhat perplexing piece of apparatus
known as the "chalk battery." It consists of a series of chalk cylinders
mounted on a shaft revolved by hand. Resting against each of these
cylinders is a palladium-faced spring, and similar springs make contact
with the shaft between each cylinder. By connecting all these springs in
circuit with a galvanometer and revolving the shaft rapidly, a notable
deflection is obtained of the galvanometer needle, indicating the
production of electrical energy. The reason for this does not appear to
have been determined.</p>
<p>Last but not least, in this beautiful and ingenious series, comes the
"tasimeter," an instrument of most delicate sensibility in the presence of
heat. The name is derived from the Greek, the use of the apparatus being
primarily to measure extremely minute differences of pressure. A strip of
hard rubber with pointed ends rests perpendicularly on a platinum plate,
beneath which is a carbon button, under which again lies another platinum
plate. The two plates and the carbon button form part of an electric
circuit containing a battery and a galvanometer. The hard-rubber strip is
exceedingly sensitive to heat. The slightest degree of heat imparted to it
causes it to expand invisibly, thus increasing the pressure contact on the
carbon button and producing a variation in the resistance of the circuit,
registered immediately by the little swinging needle of the galvanometer.
The instrument is so sensitive that with a delicate galvanometer it will
show the impingement of the heat from a person's hand thirty feet away.
The suggestion to employ such an apparatus in astronomical observations
occurs at once, and it may be noted that in one instance the heat of rays
of light from the remote star Arcturus gave results.</p>
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