What is the Eighth Claim?-Before closing our remarks upon this subject we shall say a few words relative to what is the eighth claim, which declares the right to the exclusive "use of the motive power of the electric or galvanic current, however developed, for marking or printing, &c., at any distances, being a new application of that power," &c.

Now, the Court have found in the first claim of the patent of 1840 this fact, viz. :

"The only ways in which the galvanic current had been proposed to be used prior to my invention and improvement, were by bubbles resulting from decomposition, and the action or exercise of electrical power upon the magnetized bar or needle," &c.

Finding this to be so, of course the honorable Court could not but find that Morse was the first to apply this motive power to write, mark, print, &c., as the eighth claim expresses.

But the eighth claim does not aim at the use of any particular process of machinery for making this application. It leaves that to future inventors, who may get as many patents as they deserve. But what the eighth claim sets forth is, that any improvement in this new method of applying the motive power to write, print, &c., which shall be patented to himself or any other person, is an improvement of his invention of that use, and cannot be made available although patented, except in subordination to his patent or eighth claim.

The Court have not touched this real and only interpretation, that Morse or any of his assigns have ever put upon this claim. But the Court de

scribes it as "a claim to any improvement where the motive power is the electric or galvanic current." After this construction of the meaning of the eighth claim is disclaimed, we do not doubt, that whenever this part of the patent shall again come to the consideration of the Court, it will be settled in favor of the eighth claim, as the inevitable sequence of the prior claims. Of course Prof. Morse will disclaim so much of the eighth claim as is too broad. Without intending any disrespect to our friends of Erie, or lessening the gravity of the question under discussion, we would say, that if the claim is too broad, then it must be narrowed to a legitimate guage. If it be six feet now, and four feet ten be correct, then so be it. Therefore, Prof. Morse has only to disclaim so much of it as is too broad, and assert that he does not "claim the exclusive right to every IMPROVEMENT, where the motive power is the electric or galvanic current," and thus he can reduce it to a legitimate guage, as decreed by the honorable Court, and place his patent, including the eighth claim, where he always designed,-embracing his

original full interpretation of its force and effect. With these convictions, we are firm in the belief that not only are the seven claims and specifications adopted, but also the eighth in its legitimate sense, and the Morse Patents most triumphantly sustained.

The opinion of Judge Grier, concurred in by Justices Nelson and Wayne, is a paper unparalleled in power of argument, and overwhelming in demonstration of the views therein contained. While we admire the opinion in chief as a learned and eloquent piece of argumentation, we cannot but be charmed with the force, clearness and supremacy of argument in the dissenting opinion.

RAILROAD TELEGRAPHS.-We have heard of many plans of Telegraphs designed for railroad convenience. Mr. W. D. Wesson informed us, a year ago, of a valuable invention he had perfected. We have heard of others. We have seen a crude model of a plan for the car-wheels to be the operator, by pressing a connecting button in the centre of the rail, causing the circuit to close by the pressure, which gave the alarm at a distant office. We copy the following from the Racine (Wis.) Advocate, relative to a new invention of Mr. Cushman; and it is considered to be all that is necessary to accomplish the desired ends :

"TELEGRAPH ON RAILROADS—A NEW INVENTION.—One of the uses to which the electro-magnetic telegraph is beginning to be applied, is that of facilitating the operations of railways; and securing greater safety, by obviating the danger of collision, accidents, and so forth. Several Companies at the East have erected a line of telegraph along their roads, with 'registering apparatus' placed at convenient distances, where, on the arrival of the train, the operator may report himself and his whereabouts to head-quarters at either end of the route, or to another train that may happen to be at another point on the road. Thus, a train leaving the depot at eight o'clock, is due at a station thirty miles distant at nine, but by some accident is detained midway between the points for several minutes. This fact is immediately telegraphed to the station ahead, and thence to all other stations; whereby trains going in an opposite direction are informed of the fact, and the danger of a collision entirely obviated.

Accidents frequently occur to trains, whereby it becomes necessary to dispatch an express to a long distance for another locomotive. The time and detention required in doing this are shortened to one half, by the use of the telegraph; thus rendering a valuable service to passengers as well as trains. An accident to the track is in like manner made known to a distant station, or train, and the necessary precaution taken to avoid any accident that might occur. Thus, by the use of the telegraph, railway travelling is rendered eminently more secure than it could be without it.

There is still a difficulty, however, attending the use of the telegraph on railroads. The registering machines must necessarily be at a considerable distance from each other, as their cost and the difficulty of keeping a great number in perfect order would render the plan unavailable. Much time and attention would also be required in adjusting and arranging batteries; and, indeed, we do not see how it can be managed at all, without an ope

rator stationed constantly at each machine. This difficulty is about to be obviated, and the manner it is to be done is what we wish more particularly to speak of. The plan is the invention of Mr. S. D. Cushman, of the Telegraph Office of this city. It consists in the use of but a single registering machine, which, instead of being stationed on the line, is within the railway carriage, and by a very simple and cheap contrivance is thrown into the circuit at convenient distances. A relay magnet and key are placed in one of the cars, at which place the circuit is used; so that the operator, who is inside the car, can call the home office the instant the train is near the station. The circuit is left whole by means of a spring or key as soon as the train starts, the train throwing itself out of the circuit without assistance from any one.

The line may be constructed in three ways:-Placed upon the fence of the railroad, the posts running up one or two feet above the fence as often as necessary, to which the block and insulator are fastened. In this way the line is made a part of the fence. Or the wire may be put upon the ties of the roads, a piece of scantling being spiked to the tie to which the line is fastened. Or it may be constructed in the usual way, only nearer to the ground, upon posts not over twelve feet high.

From an examination of Mr. Cushman's plan, a model of which he has constructed, we are satisfied that it is an essential improvement upon the present mode of using the telegraph upon railroads, and that it will be adopted where such lines are made use of."

"NEW PUBLICATIONS.-We have received a copy of 'SHAFFNER'S TELEGRAPH COMPANION, devoted to the Science and Art of the Morse American Telegraph.' The important and intimate connection of telegraphing with the current business and general convenience of society, constitutes it a popular, as it is one of the most wonderful achievements of the age; and the general desire of the public to inform themselves upon all subjects in which they have a direct interest has led to the publication before us. It abounds with information, and contains the outlines of projects which are likely to advance the system infinitely beyond its present state of usefulness." -Baltimore Sun.

We think the present number of the COMPANION will be found to be unusually interesting. We regret that illness has prevented more care in the preparation of the articles.

Many subscribers write us that their numbers never come to hand. We are confident of their prompt mailing, and regret to find the fault in the mail department. The gentleman having charge of this department of the Magazines certainly stands unrivalled for promptness and ability in this branch of business. In all cases of failure, we will re-mail other copies.

We will thank some friends for copies of the decision of a Court in New-Orleans, on responsibility of telegraphs for errors; and also of the case in Michigan, with particulars of the cases.

Henry S. Faxon, late operator at Nashville, Tenn., and now of Buffalo, has invented a superior repeater, working "both ways," without local aid from an operator.

One of the most complete fire alarm telegraphs in the world is that of Boston, arranged by Moses G. Farmer, on the Morse system. One of the most consummate humbugs in that line, is the fire telegraph put up in New-York.

We get many letters, asking information as to the best insulators. We hope to give a review of the many now in use, and prove which is best. Until then, however, we advise our friends to shun iron and brim

stone.

We are rejoiced to hear that our old familiar friend, Charles L. Bobb, formerly of the St. Louis office, has become an army official, and now flourishes with a handsome salary.

THE SYSTEM AS AN ART-THE ELEMENTS OF THE ART-COMMUNICATING TO THE SENSES OF SEEING, HEARING, AND SMELLING.

BY GEORGE GIFFORD, ESQ.

Before Supreme Court of the United States.

THE functions of the parts of apparatus are the things required, and the employment of the apparatus is a consequence of this demand. The function of the part may be a necessary element in the invention, and it is only by virtue of this necessity that the part of apparatus is required at all, and it is quite immaterial as to its form, so long as it has that function, and thereby brings that element into the series of elements. The apparatus is necessary only because its function is indispensable, not the function because the apparatus is indispensable. It is that the demand for the function begets the necessity for the apparatus, and not that the demand for the apparatus begets the necessity

of the function.

The function is therefore the essential thing as a part of the invention, and forms a part of its metaphysical constitution or principle, while the apparatus is an incident. True, the function may be inseparable from some form of apparatus, but that form Inay be greatly varied, and still, under all its varieties, fill the same office and produce the same intermediate result in the chain or succession of intermediate effects, which form the identity and principle of the invention as a whole; and in no such case will a change in the apparatus, without changing its function, effect a change in the principle of the invention.

But all this having been done by Morse, still, to complete his art of telegraphing, other means and instrumentalities remained