Skip to main content
The largest online newspaper archive

The Times from London, Greater London, England • Page 11

Publication:
The Timesi
Location:
London, Greater London, England
Issue Date:
Page:
11
Extracted Article Text (OCR)

EfflB tOORTXNTS Or n8hDAY8 PAF1BU Antsatnutwrs is. Xrei Yys XsSkstst 1 AevtatttiJitm (NMwJyy AMniMt! 4. i'lHunukiin i mi rioesirnias or Cinaa bMi yaw kHm IUmm at UtU JaAW ekl DwMtw ls rw? Cml Owattaf I ttmt mUnrf (8I (Urt Jwtoj MIIIIkb mu at tUitwav as vtara luiu lutr an4 Dm QersUoa Tk Eaoielopnlta EnUaaie la VoUea Lrtter tae Xeix (Btuw eaeCjrvras; XlotW iWrdNtf llatUar fiut: EaOirtilMrCbMUr tiacUoa; J. Latmi. IsttlAMur rcMri Vcws lfalaaa WraOer xs Hrti UMn te tae Baiter fTse Cut OsaWWeikin EWctlee; TWtUtoW XCssaistse tatosa Tae ooaaert TmUa4 to Irt Jeirss rtoati Mcnpta.

rs wiBaiaae at cm UutmuamI AHUraUas Karil AfrtcsAerai teeMis Baow gsTri a MHUrj Iumci Lrttor. to iae XUNer tCaerserbowe etkol rnna 1 Tu Xn Oiaml Ktettoa Tk ataus ttTat Uio rmxnptM APmmnucm ilMWdUMttWrn). U. UMy Akticlii tltr. CUiinCi rfl Uoaat Ur4 Ataliria etlkaKUcttoe KsSums Coart CUtmlr Mr.

QU4 OHmi IWsva4a 11 Br auw lTvltii. Kr. Jstiw SWpUe et Settlataess Mtnlite Be VrU UwM Bairciis UteUlsraet UMn to OmIiUm stlabirr Mrv CWjWm'i Dn e) rWcTpa. Tbb Colonial ass la nta Xxwramos' XiitUh aad. Ooloala1 UuUm Cmb m4 lWeeXarttt UUcr to lbs Kditor (Mr.

Ltrh Manki A4ocWr rrTibs. 11 Horr MisiT Coal MrlH riiHinh Alvv.nsijtvs (Trad KotteasL 1A Ai.rrisT Cfcarttkie, CaUta ul rU BebooU, Suctkifs, rakU Owp tod, it. A mmmn Ifobtk Ocssaanlss, Bess.aa., to to Lw uti i' 11 XI, irturaunm (BiMCti, hWUul Sols. SWs Xattonl At TtKTnxHom (Ttd XeOoN, VhI Bales 4 am Ueei itmmnim kj AaeUoaX xo.vio srrADir, Jtrxr it, isac Tha general election is now ao close, onlj. nine' seats remaining to be filled up, that no fcry koen general interest canbe excited except bj some unexpected and sensational return.

The relatire position of parties in tho new Parliament settled bejond the possibility of substantial alteration, and all concerned can make their cal folations and their plans asfreeljas if the last writ had been returned. dine with Ms. Guuv stom to nightand will probably arrive at conclu tions which the formal meeting of the Cabinet early in nuxt week is not likely to vary in anyim portant point. Although some of Mb. Glahstoxx's friends hare clung dusperately to the hopo that his resources are not jet exhausted, and that he will meet the new Parliament with some device for retaining office, their speculations have for sometime past been prod active of nothing but amusement for people capable of more accurately astimating the situation.

If he himself cherished tny illusions of this kind, they must by this time oe pretty effectually dispelled, and it has accordingly becomo probable that he will follow, the mora dignified course of resigning without challenging a verdict the nature of which does not admit of the slightest doubt. The composition of the new House of Commons affords us the means af ettimattng the descent which Mb. Guldstoxx has accomplished in the course of twelve months. At the of the Parliament elected in 1880 he commanded the allegiance of over 340 Liberals, exclusive of Parnellitos, in a House of 640 members. That is to say, he had a clear majority of more than 40 over all other sections combined.

Under his auspices a couple of millions of new rulers were added, to the constituencies, and to this largely augmented electorate he appealed for a majority sufficient to render him independent of the Parnellito vote, which, as all could see, was certain to be considerably increased by the lowering of the Irish franchise. The result of the election of 1885 was that Mb. Glut rrosx's following was reduced to S33 in a House of 670 members, the Pamellites, who were supposed to have thrown their strength in English constituencies upon the Conservative side, being excluded as before. This was a serious loss of strength for a Minister appealing to two millions of new voters enfranchised by himself, and it be camo more serious still when analysis of tho returns showed that nothing bat the fidelity of these new voters prevented, his defeat at the hands of the old electors from assuming a much more decided character. It becomes, however, alto gether inconsiderable when compared with the loss he has sustained on his second appeal to the enlarged constituencies.

In th Parliament about to meet Mb. Gladstoxb'i followers, exclusive of Pamellites, will be decidedly under 200, and even if the Pamellites be thrown in they will remain at least fifty fewer than the number of his Liberal ad' herents in the last House of Commons. The issue was chosen by himself, and presented by methods all hit own to an electorate largely and. unduly wBTea oy oeuei in mmseii. xne result is a re duction of more than 130 members, or one fifth of the House of Commons, in the number of his followers, Such a fall, in so short a time, and in circumstances wholly favourable to his retention of undiminished popularity and power, is unique in constitutional history.

Yet the mere returns understate its since it is notorious that sectional, ecclesiastical, and pro vuciai jealousies nave operatea to counteract' the condemnation pronounced upon himself and his policy, as well as that a reduction of the majorities of his adherents and an augmentation of those of his opponent is an almost universal note of the elections. But, great as is Ms. Glacstosx's fall measured by numerical standards, it is altogether eclipsed by the tremendous moral descent which he has achieved. The most assiduous flatterers of the people always find means of discrediting their wisdom when they give an unfavour able verdict. Mb.

Gxjjustoxx'i way of doing this is to give the name of classes or depen dents of classes to the masses who have pro nounced this crushing condemnation upon him. The masses he holds to be wise, but then he denies the title to all except the classes who pay him the compliment of believing in his wisdom. It will be admitted, however, by less agile critics that we are all of us liable to error, classes and Buses alike, and that, crushing as is the con demnation of tho country just passod upon Mb. Gionrrojiijlt would not be complete and conclu sive unless there were concurrent evidence that he has sunk not only below the standard of the popular will for the time being, but also below that standard of political morality which persists through all transient phases of opinion. Such evidence is forthcoming in abundancein such abundance that ME.Gtxnrroxx's fall reckoned by rotes altogether fails to measure the descent he has accomplished in the eye of reason.

Let tu try to eliminate the personal element and to throw back Mb. Glidroxx's recent conduct into the perspectir of history. Tha first Minister of A great just admitted td political righU a great mass of Toten eatkely unri practised in political affairs, appealed to tha country as a whole for power to deal Independently with conspamcy which he had himself deaoiacod in the strongest laagoage, the leaden of which hi hid pat in prison, and agaiaH whleh had rtpeaUdly eaployed eseeftioBal power No looser war tho elecUoas over thaa tbi Minister allied JOasaH eloy with the lead thai waipbaar, Biwarifssl khak trakoeros teassl for ItvttlU'A ttent, and of the 'Eipire aod fought to shoalder wUh thasi ia Parlia afterwards In the country. dei In the ietereats of his dw allies he turned rtteasly agaikH all the mtA who hd don soft to build ih) the rarty frosi which derived his pewv, aad whc single offeoce wis thai tkvj guarded the great IntereatJ which betrayed. The most elementary right of the nation was to hare Uie whole question laid: before it with the most scruouloua faimeas and the most absoluto tho contrary to every trick, device, and stratagem to conceal from the people he pretended to trust the' naturo, scopo, cost, and' consequences of submission to tho conspiracy he had joined.

The most far reaching constitutional change that could bo pro posed he ptuhod with tho unscrupulous art ol an American lobbyist intent upon a private job, Tho wildest travesties of history, the most flagrant misstatements of fact, the most baseless charges against opponents, the most unfair attacks upon quondam friends all. were employed with all the dexterity of long Parliamentary practice and driven home "to the minds of bewildered hearers with all the art; of a finished: rhetorician. The touching confidence reposed in him by the masses of his countrymen, a confidence which ought to have engaged the enthusiastic loyalty of the most 'heartless of men, was by this Minister deliberately used without stint or scruplo to blindfold, mislead, and betray the nation which had made him the chiof guardian of its interests. The picture is not overcharged, on the contrary it might bo elaborated at great length without travelling in the least beyond the warranty of recent and notorious facts. It depicts a moral fall which wo venture to think cannot bo paralleled in English history.

Mb. Gladstoxb seems all unconscious of the depth of his descent and the enormity of his offence against a betrayed country. Probably this was needed to make his fall complete! We do not know where to look for anything to match the extraordinary collection of lottcrs, telegrams. and SDoeches emitted by him during this most shameful struggle for unworthy ends. In the latest of tbem, published to day, he consoles a friend in defeat by assuring him that tho whole civilized world is with us." examination would, no doubt snow that no one not with Mb.

Glasstosb is reckoned as belonging to the civilized world, just as no one who did not vote for him is reckoned among" the masses." He is amazod at the dcadness of vulgar opinion to the blackguardism and boso ness, no words are strong enough! which befoul the whole history of tho" Union." Mb. Golswzs Surra pertinently' asks to dar, in adducine the verdict upon English rule in Ireland of M. GciroT, who was certainly a fair ex ponent of civilued opinion, whether a man who can say such things as Mb. Glad ST02CB has been saying is in fa fit frame of mind to deal with the Irish question Is a man in a fit frame of mind to deal with any question who for half a century has been upholding what he now calls blackguardism and baseness," who has shared during a long life the deadness of vulgar opinion," who has bad greater opportunities than any other of moulding and directing that opinion, and; who has only developed his present views afterj committing himself, under, the influence of fear or an alliance with the avowed enemies of this country! means by which the Union was established must have been bad indeed if thoy were ono lialf so repugnant to all sound conceptions of political morality i the means; by which Mb. Gladstone has sought to overthrow it.

After Gladstoxb's own descent nothing is more remarkable in the contest than the fall of those most closely identified with his fortunes. While Unionist Liberals have greatly enhanced their reputation and position in the 'country, Ms. Guldstosx's principal colleagues. with the exception of Lord Rosxbebt, who has done excellent work at the Jcoreign Ufflca while others were brawling on sunk in public opinion as politicians or as administrators or as both. In the lower ranks of the Administration Mb.

Bbtce and Mb. Hbxbt Fowua alono occur to the mind as men who have maintained or improved their to causes which all will deplore, it is probable that Lobd Gbaxvuxx is leaving office now for the last time. He has long played a conspicuous part in the Liberal party, and has discharged with unsurpassed tact, and ability the somewhat thankless office of leader of a permanent minority in the House of Lords. The House of Lords decided yesterday a question which is of consequence to every house holder, and, for that matter, to every one who drinks water. It is well known that soft water may exercise a chemical effect on lead pipes through which it is conveyed.

After a time the; process ceases or diminishes the pipe becomes lined with a coating not soluble water, which no longer takes up lead. But when the pipe is new and first, exposed to such an influence tho. chemical action may be so great as to poison water passing through it. This peculiarity has given rise to a curious action brought by a gentleman living in Huddersfield against' thai Corporation of that town. He made uso of water supplied by the Corporation; from the' Blackmoorfoot reservoir.

Whether or not be was peculiarly susceptible to the influence of lead poison, he no doubt suffered in health from it, and in an action against the, a jury awarded him 2,000 damages. Mb. Jcbticb Matuxw, before whom the case was tried, decided that there was no cause of action, and gave Judgment for the: Corporation; The Court of Appeal took the same view and, after two arguments, a majority of tho Law Lords in the House of Lords has come to the same conclusion, Lobs Blacxbueji, Lobd Bbauwell, Lobd Hau bcbt, and Lobd Fitzoxbald thmking that no cause of action had been proved, while Loon Szlbobhk and Lobd Waxsox think that the plaintiff is entitled to redress. Soft water is common; and lead pipes are almost universal and though the action of the former when tainted with load is exceedingly obscure some constitutions being apparently proof against the poison, and others remarkably susceptible to it the matter is of great moment to water companies and their customers. It is hard that the latter should be poisoned with impunity.

Such is the substance of the contention of the Corporation, which has and legislation seoma to bo needed to rectify it. The apparent upshot of the case is that the Corporation of Huddersfield may bo Instrumental in poisoning half of tha in habitants without being answerable in damages and drinkers of soft water are n6t likely to rest satisfied with this state of things. The udgea who decided against tbe plaintiff admitted that his was a hard case." and while this is no ground lor Courts delivering bad law, it Is an excellent reason for the Legislature altering it. Of cwarxe, thotnaln queitioa; decided yesterday what under the existing Act the vorporauoa bousd to do. The xaajority of the jodgee say thtltloUjhreed its when it provided and kept to the mains laid down by it pply of our and wholesome water ana larnisaea erery inhaHtant a efieieetnpply of water for bJadnmestin wwposes." Wfc4t Bwwi ot tae ttiii mala and entewd the aervioeVptpes, whetW it was ooiitamlsated ot bo bo ccera of L6v JSBAirwxrx put the cast against tho piaintia In aharp and concise terms when he said'' thTsnpply of tbedefendants Is from tha main to the serrice pipes of the plab tiff.

The water suppUed at the point of eapply wax pare tad wheaeebme with no deleterious, foreign, or adventitious ingredient. In its passage along the plalntifTs service pipes it became other wise. It is impossible to say that water is pure and wholesome and free from deleterious ingre dients if passed through iron pipes, but not passed through lead pipes. The pipe is bad, but the water good. I' cannot see any evidence that there were deleterious ingredients in the water in the mains It is true that the water was not to be drunk there, but in the houses of tbocon somen.

It to.be conveyed to those houses in the pipes of those consumers. It was In them in the course of that conveyance, and by them that the water was made unwholesome." Lobs Sbxbobxx seeks to elude this consequence. He shows and his construction of the by laws seems to be right that the Corporation left the consumer no practical option to make use of any sub stance bat lead for the service pipes, which were under its control. He points put that the water to be drnnkmusl pass through those means of supply before it could practically roach any consumer whatever could not so reach him without bo coming poisonous could not safely be drunk, and "would mereiore not xulhl, the primary "objects for which the whole supply was "required." Tho solo difficulty in the way accepting this view is that it indicates what the Legislature ought to have said rather than what it has actually said. There is a hiaiut which, out of respect to tho Legislature, Lobd Sblbobstb would fill with a few reasonable words.

The fact is that the caso illustrates two modes of dealing with legal questions which have existed ever since law was a science and will probably survive to its end. statutes may be construed loosely or literally, with reasonable intendment or without it. One Judgo systematically follows one of interpretation, it does not much matter which, and acquires thereby a reputation for strong Judge others oscillate from one mode of interpretation to are dubbed weak. men is the right method oi. construction or whether there is a right or wrong in the matter, it is hard to say.

Very often is there cause to remark the divorce between the rules of construction applied in Courts and the actual procedure of the Legislature. The former interpret Aets by rules of which the Legislature knows nothing. The latter may use words in one sense and the. former in another and work of judicial construction is often for all the world like hnding tho meaniog ot modem x.neiub by assum ing that the words are as they were in Cbaccxb's or 3n AXisrEABx's time. In the action before tho House of Lords yesterday it is not easy to say bow far the plaintiff failed by reason of his not properly presenting his case.

We are encouraged to think "that it would have been possible so to shape his complaint as to entitlehim to damages. But if thi were impracticable if a water company may supply soft water, insist that th service pipes shall be of lead, so as to charge the water 'with poisonous matter, and bo safe against all. consequences there cannot too soon be a change in the law. Mb. Jubticx Kit has been dealing with a case, BBCokutav.

which raises a point of public interest. The matter before the Court was only subsidiary, and directly related meroly to a point of pleading. Incidentally, however, the proceed' ings give a glunpso of a question which, if ever de cided, will make much stir among shipowners, merchants, and others interested in insurance. Messrs. Macdslay, Soms, and Fixlp, the well known engineers, appear to hare insured with the er a policy for 40,000, machinery to be conveyed from London to Ports mouth.

The ship was lost, and it was alleged that she was too deeply laden, but it seems to be clear that the insured, who were the shippers of the machinery, were absolutely blameless. Hitherto it has been the custom; for' underwriters in such circumstances to disregard the letter of their obligation and to make good the losses of Innocent shippttrs. The practice has been, on the wholo, advantageous to all interests and it might cause serious inconvenience, especially in the long run to underwriters, if this understanding were broken. The' issuo of the litigation will be awaited with curiosity which many persons besides the' parties to the action will share. Confi dence is tho very life breath of tho business of insuring theeffects of the slightest shocks to it extend far beyond the direct sufferers.

The further correspondence which has reached us on tho state of things at Charterhouse School and on the responsibility of the school officials for it has cleared up one or two points which were left uncertain In Mb. Cabbitt's first letter. It now appears that the case was not quite so bad as some of our correspondents hare ossumod it to be. The boys in Mb: Giuslestonb's house who were suffering from diphtheria, were not, indeed, re moved to the Infirmary, as they ought to have been; but they were kept in the masters house apart from the other boys, and. were not suffered to mix with them, at any time after the first symptoms of disease had been brought to the notice of the schopl authorities.

There is much still to be explained, but the explanation is satisfactory as far as it goes. Mb. ibdlistosk's statement, which we published on Wednesday, is confirmed thus far by a letter which we publuhed yesterday from A Rxason able Pabxwt." His refutation of the charge of negligence on the part qf tho school medical officer. has boon endorsed by several correspondents. Tho letters which wo publish this morning give a full statement of the case, and entirely exonerate Db.

Clabxxcx Hixa Bbowm from any share of the blame for what has been done and has been loft undone. But they tell us further, what Ms. GrEDtrsTosx did not think it necessary to state, that treatment of one of the patients in the boarding house was contrary to Db. Clabxxcx Haxq Bbowm's wish. Dx.

Clabxxcx Hato Bbowk stated in the course of a medical consultation with Db. Bbstowx thai ha objected on principle to any such case being retained in the. master's boarding house. The; thing was, nevertheless, done on each of the two occasions on which diphtheria showed itself in Mb. Gibdlx BTOXX'a houso, and it was done, theref direct opposition to the medical offiMr! advice.

This is an answer to the question which Mb. xooblxqioth asked in theletter which we published from him on Wednesday. The medical officer at Charterhouse had not full power to enforce his recommendations. His printed' rales were disregarded and the special recommendations which he made were not carried out. A.

socond letter, which wo print this morning, from Miu Noxix Sscth talis us how thU was possible. At Charter houso tho medical officer is appointed by a committee of the masters, and ha it paid by th masters. The governing body of the school are in no direct relation with him. It is hit do to refri to tha sorarnors. it thjasa wrosw.

run art iaearred eagM to be if disnase breaks out in tho school and.tho pareats are not told of it, and if the general sanitary staio of the school is dangerously bad, the mediral omoer has no power to interfere, and he can lOOK'iorno other xupport than his paymasters think tU'to accord to hixa. Wo have recefred abundant testimony aa to Dx. Claxxtccx Haio Bxoini's qualificationa for the poet he holds, and aa to the care and skill which he has never failed to display. Nothing could be more complete than tho eridence which has been tendered on all these points by those who hare known him and who have a good right to be heard. But care and skill and sound professional knowledge, valuable as thoy; are, are not enough by themselves.

Their possessor must be free to exercise them if the school under his charge is to hare the benefit of tbem. If he is liable to bo thwarted and to have his expressed wishes set aside, he is not in the position which he ought by right to occupy. The Code of Rules put out by the Medical Officers of Schools Association, to which we have before now colled attention, insists strongly on the absolute nood of undivided medical responsibility as regards the sanitary state of sohools, and on the full control which the medical officer ought to have on all matters which come under his professional care. If this rule is observed, the other rules of tho Association will follow as a matter of course. They refer to points of detail which tbo medical officer will deal with as he thinks fit, and as the circumstances of the school demand.

They lay down, for example, that if there is an outbreak of diphtheria in the school, tho first step to be taken is to give notice to the parents of the facts, and thus to giro them the opportunity of removing their children if they wish to do so. This is in strange contrast to what was, actually done at the Charterhouse. When diphtheria appeared there, the parents were not informed of it tho medical officer was not allowed to reply to a letter of inquiry about it and, so far from the parents having an opportunity given thom of removing their children, thoywere forbidden lo remove them on pain of subsequent exclusion from the school. With the exception of Mb. Gxbdlxstob's letter, and of a letter, which, we print this morning from Mb.

T. E. Paax, there has been no answer given by any of the authorities of the Charterhouse to the grave charges which were' made by Mb. Caxbitt and repeated from several quarters since. There are many allegations which they make no attempt to deal with.

It seems clear that the duty of giving inf or motion to the parents was recognized by the school authorities for notice was sent to some parents, at all events, of tho outbreak of German measles. But even this was not done in erery instance. One bay had German measles, and his father" was never informed of it, and' only learned it by a letter from the boy himself written when he wai nearly well. But when diphtheria made its appearance, the alarming fact was not communicated to the parents. Mb.

Oabbxtt heard of it for the first timo from his son, and we can hardly suppose that othor parents were informed of it while he alone was kept in ignorance. As to the general sanitary state of the Charterhouse, we received rario.ua reports. Sib Aktxicb Clay, peaks of the defective drainage of a portion of the school as a fact long known to the authorities, but not yet remedied. Mb. Paox, on the other hand, declares that in the two houses which have been under his charge there has been no single case of dangerous illness, and he asks us to infer that in those houses at all events the drainage has not been very bad.

As to the state of things elsewhere, that defects there have been in the past and that defects there probably are now, but that the present head master can be trusted to leave no delect unremedied which is known and remediable. But known, it appears, some bad defects are and havo long been, and all defects are remediable. With the conclud ing words of his letter wo entirely and heartily consur. The governing body of tho school will, wo fool confident, examine carefully into the various questions which nave been raised into the sanitary state of the school buildings, into the position of the medical officer, and into the responsibility which the school authorities must share among them for the facts which have been brought to light in our several correspondents' letters. It is, Mb.

Page affirms, the interest and duty of every ono at the Charterhouse to take all possible precaution for the health of the boys. This it certainly is, and it will be for tho governors of the school to ascertain how far it has been done, and, if not done, at whoso dictation it has been neglected! Pnorxsson SixvascsThoxtsov replies this mom jug to Ma. Ixbay's comment upon his letter of the week.beforo last. The United Telephone Company, it will be remembered, sued provincial firm of telegraph engineers, Missus. Iussako, for an in fringement of its rights under Mb.

Edisos's tele phone patent, which it owns. Mb. Ediso5 fby his specification claimed as his invention the com bination of electric tension reuators with a diaphragm or tympan. Messes. Babsaso have manufactured and sold a telephone with the ten sion regulator at the base of the speaking tube which is attached to a vibrating board containing fixed in it the wires for the conveyance of tho electric current.

Their instrument has no diaphragm in any technical sense of the trm, and they, assert that they could dispense with the vibrating board, if the Court considered the omis sion would relieve them from the suspicion of a design to violate the United Telephone patent rights. justice aobth granted an Injunction against them, and Loans Jcsncxs Cotton, Lxkdlxy, and Lores, in the Appeal Court, three weeks ago affirmed his judgment. They proceeded upon the; basis that board in Messxs. Bassaso's instrument is practically a diaphragm, according to Ma. Edisos's use of the word.

The board acted upon so as.to vibrate and communicate the vibrations the tension regulator. That is the' effect of 31b. Edison's diaphragm, by which holds that he meant, and waa entitled to mean, simply something capable of vibrating by pulsations of the air moved by the human voice. The Court held also that Mb. Eoxaoa's tension regulator and the tension regulator employed by Mxsas.

Bassaso are substantially the; same, Pxorxtsox Stlxxxv Thomwox alleges them to be essentially different. On all points it decided against Mzssxf. and declined to offer them any advice hether it would change its new of their conduct if they reconstructed their machine without the ribrating board. Loxd Jcsticx Lixdxxt is sot tired yet of having the floor encumbered with models telephones, and will not sdsninister hypothetical warning which 'might nip a promise of further litigation in the bucL The queatioo, he remarks, whether the defendants would be guilty of an infringement if they got rid of the ribrating board can be discussed when it arises. Judges' are as caatioos in dedding aa la rxfaaksg to decide.

They are not in the habit of waader ing, outsida the four eomers of thefaota of a ease. They are sot addicted to the promulgation of Wide principles. They do not tmf old the psyo ogieal idiosyBeraaiaa waieh eoloar their Lutai uiato tienof kw. Ualaas tkear pmide Sa a County Court, ttey oaraot be tempted to aassai eriti osaae froaa without; thougti oceasioaaiiy uey thunder at one another ra tiek owa Olympian peaks. Pxoyzasek BarxsTi Taoxrfev had to angle sore or less at random when he discussed the judgment itself on Mxsexx.

Bassaso'b appeal; He could do little beyond stating his reading of Ms, Esxsosr'i specification in oppositioa" to; that of the Loxca JcsTicxa. Ho chooses to interpret the language in one way, and they have chosen to interpret it in another. They hare founded their condemnation of Basxa5o's instrument on a definition of expressions which he thinks too lax and they deem of the exactly proper dagree of flexibility. Aa between a professor and a bench of Judges, the public would be disposed to agree with the Judges. The censor, moreover, began by exciting a prejudice against himself through his invectives against' the adoption of "a forced sense in favour of a patentee backed up by wealthy supporters." There is something absurd in the suggestion that the wealth of a patentee's patrons induces a Court to warp or strain the terms of a patent specification.

But Peoftssob Tboupso5 was casting his fly with a purpose. He knows tho nature of his scientifid brethren, and rightly calculated upon fish less averse than Judges from dealing in first principles. A past president of the Institute of Patent Agents speedily rose to his challenge, and fully made up for the jej oneness of judicial enunciations. Mb. Imrat discovers in the judgment or judgments against Messes.

Bamako a righteous desire to reward new inven tions of an important and fundamental character, and to punish plots against them. He applauds Courts for comprehending tho duty of not tying down an invention to the precise details given by the inventor He admires the Lobds Jcsncxs for having looked to the principle on which an altogether novel departure liko the Esxsox Belx. telephone was basod, and detected trespasses upon it notwithstanding variations of form, material, or arrangement of parts. He will, doubtless, have a rejoinder to make to Pboixssob Szlvakts TBoursosr's observations to day on the difficulties in this line of defence of the recent decision. For the present, it must be allowed, that PxorxssoB Thou rsoK has a right to inquire triumphantly how the value of tho principle of the telephone can affect the matter when Ms.

Edisox himself has expressly disclaimed ownership of that. His single claim is to the discovery of combination of electric tension regulators with a diaphragm or tympan. By bis mechanical 'appliances it may be freely acknowledged that telephonio communication has been rendered practicable. Ho deserves gratitude and the public ought to be glad that his ingenuity has been pecuniarily recompensed through the medium of tho patent law. A Court investigating charges of infringement by rival inventors has no business with grateful sentiments, towards a public benefactor.

sole function is to see that he is let enjoy what ho legally claims and it is not apparent that the Loans Jcsncxs went any further. Whether the view taken by them of the meaning of diaphragm and tension regulator be right or wrong, there is, at all events, no; illogical inconsistency in their conclusion. They say that Mxssas. telephone contains a combination of a tension regulator, like Mb. EdisoX'J, with something else which, to their minds, is virtually identical with Mb.

Edison's diaphragm. The variations in Missrs. Bassasq's instrument appear to them colourable and, therefore they forbid its manufacture and sale. This is a much lower and less assailable position than that which theirchampion imagines they occupy. Their judgment may be entirely sound, yet his defence of it be entirely wrong.

If his words signify what they seem to signify, it would be equally unlawful for 3Iessbs. Bassako to manufacture telephones whether without or with vibrating boards, and even without anything, however dissimilar, to perform the office appertaining to Mb. Esisos'a tension regulator. (Natural principles cannot be directly patented. The subjects of patents.are particular mechanical arrangements for utilizing' them.

Mechanical combinations themselves, however, contain principles and so far a principle can often be patented, and thus the patent bo infringed through piracy of a mechanical principle without literal copying of mechanical details. Possibly! Ma. Isibay, with; his principle," spirit and essonce," may mean no more, though in that case he has been unfortunate in his diction. If Messes. Bamako have infringed Mb.

Edisoji's patent, they have infringed it in this way. The principle of their mechanical combination for the transmission of the sound wares is held by the Lobds Justices and 51b. Justxcx Nobtxt to be borrowed from the principle, of Ms. Eniaos's mechanism for the same purpose. Inventors remain at liberty to devise diaphragms and tension regulators which shall not bear tho relation to the general telephonic principle which is borne by Mb.

Edisos diaphragm and tension regulator. When their relation is perceived to be identical, the Courts aro bound in due discharge of their duty not to refrain from intervention on account of the cunning substitution for the original machinery of the same agency under a new name and aspect. They are equally right in attaching fair weight to the comparative importance of the various features of a patent. When all are legitimate subjects for a patent, a slight inaccuracy in unessential details ought not to be lightly admitted as a fatal flaw in a specification correct in all its major characteristics. To that extent Mb.

Iicxay's co: tention maybe readily granted. On the other hand, it is a dangerous doctrine that Judges should be supposed to have a discretion to go behind the spe cification and appraise the worth of the principle the specification endeavours to apply, which itself could not be the subject of a patent. This is the tendency which, we presume, PxorzssoB Silvascs TBoxrsox indicates by his accusation against the Courts of warping and straining specifications in favour of patentees, and which he charges Mx Imbay with justifying. formerly the bias may have been rather unduly against patentees. ow it appears sometimes to have turned a little too much in their favour.

So, perhaps, 'the Professor's protest against the seductive influence of experts' and crafty counsel, though somewhat superfluously animated, is not wholly in opportune. IxroxTs or Datxt Pxoducx. The Bill of Entry pablisbes partleaUrs of ow imports of batter and batteriae dorms; June, showing a total of 126.141ewt. of theeaeaad411ewt.of the other, acainst ct the two combined for the same month of last year. Of the batter rccsived Swedes eaetribated Oesr mark HJS3Semt Hallaad ZMUcwU aad francs Hollaad endisr also 40.660ewt of the bnttcriae.

Of the recti ring ports 2V45ewt.of boUr was Undd In Londoo. ia 'Ilarwieh. besides 3.718ewt. of bntteriae. 12.0i7cwt.

ia Ball besides wt. of batterine, ia KrwasUc Tyaa, 23Sewt. in Soothurptoo, and lU9Ccwt. ia Letthia addttioa to 7S0cwt.cf bntteriae. The imports of cheese for the month were 142T3ewt, as eoaaarad with sodiagaawt.affaiast XJOBBcwU Canada acaisst aad the TJaJted (Hates 74 feSews.

aniast JB6.C85cwt while Loadoa received llDIewt. agalast 9fiCtm lirmool SSeScwt. arainst lVJSXtvt aad Olasfow 19eewt. agaiast lxOicwt. The fcltowiat flfuxia.

njm rill ng the import of cfxadarkf Jp ate abogfveabi yeas laadwds. tte ehiel searess of sapprv betax Fno S6L467 asaiast e40bxi anM ANALYSIS OF ELBCTIQ2iJtlTVXS3. Ccaserratiree Union liberal Gladstone Iiberak ArsHUsle Total returned Unionat iaajcrity I Tour OwtUM TalrtnttlM Seutlaa4(n CaoatiM lrtaa4O03 VmtfnUtt 77 i 'j, OOA 1" c. lo r.Tmr 294 It IS 71 It as 2 no VA 4 J. I 4 11 2 315 2 to 33 I 1 2 11 4 12 I US COUHT CIRCCLAR.

WINDSOR CASTLE, JctY 1ft. The Qoeea drove oat yerterdsy afternoon, aeeompanied by their Rnral HtiTmfaww rriacess Beatrice "aad the Dochess of Albany. Her Majesty went oat this merninx with their Bnyal Highnesses. Her Boyal Highnfts Friaeeu Lonlse arrived at tha Castle this morning. Her Royal Highness Friaeeu Christisa of Sehlanrig Eolstetn, Her Majesty' niece, the Doehess Frederic, aed Princess Louis of Schleswig Holsteia visited the Queen this morning and remained to luncheon MR.

GLADSTONE. Mr. Gladstone was yesterday morning. engaged with his private secretaries at his official ia Downing street. Mr.

Cailders called npoa the Premier at noon and remained with him for half aa hour. In the afternoon Mr. Gladstone west oat for a walk, aad called npoa Earl Granville at Carltou house terrace. hit tomahipis nrach improved in health. Mr.

Gladstone has written as follows to Mr. George Lcveson Gower, the Liberal whip, who was recently defeated in orth "Hit Suffordthire My dear George, I am sadly and (only grieved at your defeat bot'yoa taffer in a noble caoas. It will be soma consolation to" yoa to observe how, even at tha the whole "civilued world is with us. Yoa have, I hop, very long years before yoa and I do not thinx many of them, thouh probably some, will have oassed before roa receive yoar vindication. I advise yoa to take resolutely to the study of Irish history.

I have done in that way the little that I coaU, and 1 am amazed at the deadnesf ot vulgar opinion to the blackguardism and baseness no words are strong enough which befool the whole history of the Union. It is an open question iamy mind whether, if this lolly lasts, the thing may not ia the end contribute to repeal, which I should greatly regret. Time will be the great instructor, and, ia truth, when we consider all thing, much has been done in a very limited tlme.V I am so glad yoa have had. your share. Tours faith folly, W.

E. UUU.8TC3TX." OBITUARY? Oa the 13th at Soutfcport, cue of the last of the Peninsular veterans died at the ripe age of 93 years. Sir Charles Monro, ninth baronet, of Fouli Castle, Ens ton, and Ardallie Lodge, Boss shire, son of the late Mr. GeorgS Monro, of Cnlrain. Boss shire, great grandson of Bis George Monro, K.O.B., was born ia iaSdinr borgh, and succeeded to the title and estates oa the demiM of his Sir Hugh Monro, ia 1848.

The deceased baronet waa formerly a lieutenant in the 45th Regiment, aad served in the Peninsnlar war from 1812 to 1815 (medal and seven clasps) also ia the war of independence ia South America, and commanded a division of tha Colombian army at the battle of Aquotmar. He was a aad D.L. for Ross shire. He married, first, ia 1817, Amelia.dauirnter of Mr. Frederick Browne.Ittn Dragoons and.

secondly, Harriet, daaghter of the late Mr. Robert Jlidcley, et bstsstoo, xorasom, aafrtve him. He is succeeded in the baronetcy by his tUest son. Mr. Cbndie Stephen, C.B., CM.Gii will.

'take' charge of Her Majesty's Agency and Consulate General la Bulgaria daring Sir F. Lascelles' leave of absence ia England. Weidsob Castlx. Yesterday morula two of the Indian artisans employed at the Colonial aad Indian Exhibition visited Windsor Castle again by command of the They wore their picturesoria native eoctmnes and were conveyed from London under the charge of Dr. Tyler by Great "Western train.

They arrived at Windsor shortly alter 10 o'clock to tne morning. they were, it is understood, sketched by Her Majesty, who was joined by Princess Louise. The Indians returned ia the evening to London. Bkixish Mxsicii. A ssocuttox.

The arrangements for the Brighton meeting of the British Medical innHitlmi en tha 10th. 11th. 12th. and 13th sraxifflo aro raoidlv arutoaehinr completion. The members of the association resident in Bright znton as well as tne soata aastera branch, in which district Brighton is, have liberally sub scribed to the receptson load, wnica now amooaM to a large aom, and this will bo ooad desirable, aa the meeting from iU proximity to.

London aad the popularity of Brighton promises to be one of the largest yet held. The first general meeting of members will be held on Tuesday, August 10, at 3 o'clock la the afteaoon, at which the report of tho council will be presented and other business. This meeting will then adjourn till 8 o'slodc, whea the president elect, Dr Withers Moore, will be installed as president, and will give his address. Tha second general meeting will be held oa Wednesday morning at 11 o'clock, at which Major Billings, sorgeon. Medical Department, ot United States Army, will give aa address oa median.

From 2 till oa Wednesday aad Thursday, aad from. It till 3 oa Friday, sectional meetings will be held, at which many interesting papers oa scientific medical subjects will be read aad given. On Thursday tha third general meeting hm haUL at which an address oa sonerv will be delivered by Mr. Frederic Abell Humphry. 0a Fridar the fourth general meeting will be befcLat whieh an address on tMDuc meuione wiu aiTca i ur.

uwwu, i i. oaiooiorr. sue new acieoce a rood aeal of attention, and tenons organisms and Dr. Crook Dubiin. Ia the section of haeteriolotrr will receive mieroseooie chotoersptis of these my will be fthown bv Jit.

Hen ear Gibb while the latter will also exhibit the various organ Urns growing in geuune, s. ah lcb ganera. axnuit will be held in the Dome, whieh is largo enough to seat from 4,000 to 6,000. Tha sectional meetings and council meetings will be held ia the Pavilion. All the pnblie buildings of Brighton aro most generously placed at that free disposal of the assoeiatioa during the week by tha Mayor aad Corporation of Brighton.

Tha Mayor himself will welcome the association by receiving tha council prior to the first meeting. The British Medical Assoqstiort now Bombers more than 11,000 members, the largest saeatiae uociation ia England, if not in the world. NanoxAi. PoKXJtArr Gaxxxxt. The 29th annual report of the Trustees of tha National Portrait Gallery has just been issoed.

It states that a special meeting was held at Whitehall on Thursday, the 16th of July. 1885, convened at tha suggestion of the First Commissioner of Wcrks to confer as to the propriety of taking immediate steps for the security of tha collection. The importanea of adopting prompt measures for protection of tha pictures from fire was greatly strengthened by a report from Hhaw, who had made a special crimination, not only of tha building in question, bat of the adjacent galleries. It was moved by the chairman, andseccodgd by Sir FrederieLeigbtoa, that "Having heard Captain Shaw's report, the national collection of portraits now at South Kensington should be removed at ones to a safe place of custody." was then proposed that the Lord President o' the Council be requested to ascertain whether the Science aad Art Department were prepared to eon sent to the removal of tha eollectioa as a loan to tha Bethaal green Moseom. On tha 16th of July.

1885. it was definitely stated to tha trustees that space ooald be found for the National Portrait Gallery at the Bethaal greea Museum. The Trustees at once resolved to transfer tha entire collection, with tha exception of two large vet urea which were sent to tha National Gallery, as a loan for a term not exceeding two years, to tha Bcthnal yreeaMnserrm. and by Friday.tbe 13th of November 4336, the transfer was completed. In addition to the 335 portraits already presented, as specified ia the former reports, the following donations have now to be recorded rUichael.

Faraday, (17V1 18C7 a marble boss, the head sculptured by John Henry Foley, RJU aad tha rest by J. Brock. A.R.A. prorated by Sir Frederick Pollock oa behalf of a committee of gentlemen; the Silver Medal (aa electrotype) struck to commemorate Oliver Cromwell's victory at Dunbar, 1650 the reverse exaiMts. tae interior of tae iloose or commons, with Parliament emhliil vn eaeated bv Mr.

Herbert AppelUrneoer, FJSJL Sir Willi am Hay Mscaaghtenof the Bengal Civil Bcrviae a water colour skeUh on pepe I presented by the Est. J. A. Atkiaaon George Gordon, 4th Earl of Aberdeen, KM X.T PJELA (178t ia60 aa oblong pktars, painted by John Partridge presented bvMrJlenr 13 drawn ia fray colours on paper aad partially tinted paiatadby T.HeaphymlSeu presented by tbeKariof Chichester. Siace tha date of the last anHl the time of the present meeting, no adHiifna weramada to the gallery by porehas.

Each pietareais might have beendsirahWor thesolleclkm at all eommeasoraU with the fond at tha disposal of tea Tmteee. Te the 4B6 pertraiU already la tha gallery msy now be added tha three following Tbomas Bterton. th aetor (1235 1710) Robttt Walker, portrait paiater. Aad 1660; sad Sir Thomas Fairfax, 3d Lori Fairfax, aad ids wke swreral ftapwatd i laasan wnstaa. ffl laltsr wriitea bv te Mr.Theejsoa.

dated Stsaflore ewest. DscsaierT jo. loproseatad by the RlgbJ Beava. Cs JJC aadaToririaal Lrtaer wrSeir bT Cfctetea Miat Leeisa Msif. WwlsMig.

of rWtesjs owtag Mew was.

Get access to Newspapers.com

  • The largest online newspaper archive
  • 300+ newspapers from the 1700's - 2000's
  • Millions of additional pages added every month

About The Times Archive

Pages Available:
525,116
Years Available:
1785-1921