The adoption of the business phonograph has not been characterized by the unanimity that obtained in the case of the one used merely for amus.e.m.e.nt, as its use involves some changes in methods that business men are slow to adopt until they realize the resulting convenience and economy. Although it is only a few years since the business phonograph has begun to make some headway, it is not difficult to appreciate that Edison's prediction in 1878 as to the value of such an appliance is being realized, when we find that up to this time the sales run up to 12,695 in number. At the present time the annual sales of the business phonographs and supplies, cylinders, etc., are not less than $350,000.

We must not forget that the basic patent of Edison on the phonograph has long since expired, thus throwing open to the world the wonderful art of reproducing human speech and other sounds. The world was not slow to take advantage of the fact, hence there are in the field numerous other concerns in the same business. It is conservatively estimated by those who know the trade and are in position to form an opinion, that the figures above given represent only about one-half of the entire business of the country in phonographs, records, cylinders, and supplies.

Taking next his inventions that pertain to a more recently established but rapidly expanding branch of business that provides for the amus.e.m.e.nt of the public, popularly known as "motion pictures," we also find a general recognition of value created. Referring the reader to a previous chapter for a discussion of Edison's standing as a pioneer inventor in this art, let us glance at the commercial proportions of this young but l.u.s.ty business, whose ramifications extend to all but the most remote and primitive hamlets of our country.

The manufacture of the projecting machines and accessories, together with the reproduction of films, is carried on at the Orange Valley plant, and from the inception of the motion-picture business to the present time there have been made upward of 16,000 projecting machines and many million feet of films carrying small photographs of moving objects. Although the motion-picture business, as a commercial enterprise, is still in its youth, it is of sufficient moment to call for the annual production of thousands of machines and many million feet of films in Edison's shops, having a sale value of not less than $750,000. To produce the originals from which these Edison films are made, there have been established two "studios," the largest of which is in the Bronx, New York City.

In this, as well as in the phonograph business, there are many other manufacturers in the field. Indeed, the annual product of the Edison Manufacturing Company in this line is only a fractional part of the total that is absorbed by the 8000 or more motion-picture theatres and exhibitions that are in operation in the United States at the present time, and which represent an investment of some $45,000,000. Licensees under Edison patents in this country alone produce upward of 60,000,000 feet of films annually, containing more than a billion and a half separate photographs. To what extent the motion-picture business may grow in the not remote future it is impossible to conjecture, for it has taken a place in the front rank of rapidly increasing enterprises.

The manufacture and sale of the Edison-Lalande primary battery, conducted by the Edison Manufacturing Company at the Orange Valley plant, is a business of no mean importance. Beginning about twenty years ago with a battery that, without polarizing, would furnish large currents specially adapted for gas-engine ignition and other important purposes, the business has steadily grown in magnitude until the present output amounts to about 125,000 cells annually; the total number of cells put into the hands of the public up to date being approximately 1,500,000. It will be readily conceded that to most men this alone would be an enterprise of a lifetime, and sufficient in itself to satisfy a moderate ambition. But, although it has yielded a considerable profit to Edison and gives employment to many people, it is only one of the many smaller enterprises that owe an existence to his inventive ability and commercial activity.

So it also is in regard to the mimeograph, whose forerunner, the electric pen, was born of Edison's brain in 1877. He had been long impressed by the desirability of the rapid production of copies of written doc.u.ments, and, as we have seen by a previous chapter, he invented the electric pen for this purpose, only to improve upon it later with a more desirable device which he called the mimeograph, that is in use, in various forms, at this time. Although the electric pen had a large sale and use in its time, the statistics relating to it are not available. The mimeograph, however, is, and has been for many years, a standard office appliance, and is ent.i.tled to consideration, as the total number put into use up to this time is approximately 180,000, valued at $3,500,000, while the annual output is in the neighborhood of 9000 machines, sold for about $150,000, besides the vast quant.i.ty of special paper and supplies which its use entails in the production of the many millions of facsimile letters and doc.u.ments. The extent of production and sale of supplies for the mimeograph may be appreciated when it is stated that they bring annually an equivalent of three times the amount realized from sales of machines. The manufacture and sale of the mimeograph does not come within the enterprises conducted under Edison's personal direction, as he sold out the whole thing some years ago to Mr. A. B. d.i.c.k, of Chicago.

In making a somewhat radical change of subject, from duplicating machines to cement, we find ourselves in a field in which Edison has made a most decided impression. The reader has already learned that his entry into this field was, in a manner, accidental, although logically in line with p.r.o.nounced convictions of many years' standing, and following up the fund of knowledge gained in the magnetic ore-milling business. From being a new-comer in the cement business, his corporation in five years has grown to be the fifth largest producer in the United States, with a still increasing capacity. From the inception of this business there has been a steady and rapid development, resulting in the production of a grand total of over 7,300,000 barrels of cement up to the present date, having a value of about $6,000,000, exclusive of package. At the time of this writing, the rate of production is over 8000 barrels of cement per day, or, say, 2,500,000 barrels per year, having an approximate selling value of a little less than $2,000,000, with prospects of increasing in the near future to a daily output of 10,000 barrels. This enterprise is carried on by a corporation called the Edison Portland Cement Company, in which he is very largely interested, and of which he is the active head and guiding spirit.

Had not Edison suspended the manufacture and sale of his storage battery a few years ago because he was not satisfied with it, there might have been given here some noteworthy figures of an extensive business, for the company's books show an astonishing number of orders that were received during the time of the shut-down. He was implored for batteries, but in spite of the fact that good results had been obtained from the 18,000 or 20,000 cells sold some years ago, he adhered firmly to his determination to perfect them to a still higher standard before resuming and continuing their manufacture as a regular commodity. As we have noted in a previous chapter, however, deliveries of the perfected type were begun in the summer of 1909, and since that time the business has continued to grow in the measure indicated by the earlier experience.

Thus far we have concerned ourselves chiefly with those figures which exhibit the extent of investment and production, but there is another and humanly important side that presents itself for consideration namely, the employment of a vast industrial army of men and women, who earn a living through their connection with some of the arts and industries to which our narrative has direct reference. To this the reader's attention will now be drawn.

The following figures are based upon the Special Reports of the Census Bureau, 1902 and 1907, with additions computed upon the increase that has subsequently taken place. In the totals following is included the compensation paid to salaried officials and clerks. Details relating to telegraph systems are omitted.

Taking the electric light into consideration first, we find that in the central stations of the United States there are not less than an average of 50,000 persons employed, requiring an aggregate yearly payroll of over $40,000,000. This does not include the 100,000 or more isolated electric-light plants scattered throughout the land. Many of these are quite large, and at least one-third of them require one additional helper, thus adding, say, 33,000 employees to the number already mentioned. If we a.s.sume as low a wage as $10 per week for each of these helpers, we must add to the foregoing an additional sum of over $17,000,000 paid annually for wages, almost entirely in the isolated incandescent electric lighting field.

Central stations and isolated plants consume over 100,000,000 incandescent electric lamps annually, and in the production of these there are engaged about forty factories, on whose pay-rolls appear an average of 14,000 employees, earning an aggregate yearly sum of $8,000,000.

Following the incandescent lamp we must not forget an industry exclusively arising from it and absolutely dependent upon it--namely, that of making fixtures for such lamps, the manufacture of which gives employment to upward of 6000 persons, who annually receive at least $3,750,000 in compensation.

The detail devices of the incandescent electric lighting system also contribute a large quota to the country's wealth in the millions of dollars paid out in salaries and wages to many thousands of persons who are engaged in their manufacture.

The electric railways of our country show even larger figures than the lighting stations and plants, as they employ on the average over 250,000 persons, whose annual compensation amounts to not less than $155,000,000.

In the manufacture of about $50,000,000 worth of dynamos and motors annually, for central-station equipment, isolated plants, electric railways, and other purposes, the manufacturers of the country employ an average of not less than 30,000 people, whose yearly pay-roll amounts to no less a sum than $20,000,000.

The growth of the telephone systems of the United States also furnishes us with statistics of an a.n.a.logous nature, for we find that the average number of employees engaged in this industry is at least 140,000, whose annual earnings aggregate a minimum of $75,000,000; besides which the manufacturers of telephone apparatus employ over 12,000 persons, to whom is paid annually about $5,500,000.

No attempt is made to include figures of collateral industries, such, for instance, as copper, which is very closely allied with the electrical arts, and the great bulk of which is refined electrically.

The 8000 or so motion-picture theatres of the country employ no fewer than 40,000 people, whose aggregate annual income amounts to not less than $37,000,000.

Coming now to the Orange Valley plant, we take a drop from these figures to the comparatively modest ones which give us an average of 3600 employees and calling for an annual pay-roll of about $2,250,000. It must be remembered, however, that the sums mentioned above represent industries operated by great aggregations of capital, while the Orange Valley plant, as well as the Edison Portland Cement Company, with an average daily number of 530 employees and over $400,000 annual pay-roll, represent in a large measure industries that are more in the nature of closely held enterprises and practically under the direction of one mind.

The table herewith given summarizes the figures that have just been presented, and affords an idea of the totals affected by the genius of this one man. It is well known that many other men and many other inventions have been needed for the perfection of these arts; but it is equally true that, as already noted, some of these industries are directly the creation of Edison, while in every one of the rest his impress has been deep and significant. Before he began inventing, only two of them were known at all as arts--telegraphy and the manufacture of cement. Moreover, these figures deal only with the United States, and take no account of the development of many of the Edison inventions in Europe or of their adoption throughout the world at large. Let it suffice

STATISTICAL RESUME (APPROXIMATE) OF SOME OF THE INDUSTRIES IN THE UNITED STATES DIRECTLY FOUNDED UPON OR AFFECTED BY INVENTIONS OF THOMAS A. EDISON

Annual Gross Rev- Number Annual Cla.s.s of Industry Investment enue or of Em- Pay-Rolls sales Central station lighting and power $1,000,000,000 $125,000,000 50,000 $40,000,000 Isolated incandescent lighting 500,000,000 -- 33,000 17,000 000 Incandescent lamps 25,000,000 20,000,000 14,000 8,000 000 Electric fixtures 8,000,000 5,000,000 6,000 3,750,000 Dynamos and motors 60,000,000 50,000,000 30,000 20,000,000 Electric railways 4,000,000,000 430,000,000 250,000 155,000,000 Telephone systems 800,000,000 175,000,000 140,000 75,000,000 Telephone apparatus 30,000,000 15,000,000 12,000 5,500,000 Phonograph and motion pictures 10,000,000 15,000,000 5,000 6,000,000 Motion picture theatres 40,000,000 80,000,000 40,000 37,000,000 Edison Portland cement 4,000,000 2,000,000 530 400,000 Telegraphy 250,000,000 60,000,000 100,000 30,000,000 --------------------------------------------------------------------------Totals 6,727,000,000 1,077,000,000 680,530 397,650,000

that in America alone the work of Edison has been one of the most potent factors in bringing into existence new industries now capitalized at nearly $ 7,000,000,000, earning annually over $1,000,000,000, and giving employment to an army of more than six hundred thousand people.

A single diamond, prismatically flashing from its many facets the beauties of reflected light, comes well within the limits of comprehension of the human mind and appeals to appreciation by the finer sensibilities; but in viewing an exhibition of thousands of these beautiful gems, the eye and brain are simply bewildered with the richness of a display which tends to confuse the intellect until the function of a.n.a.lysis comes into play and leads to more adequate apprehension.

So, in presenting the ma.s.s of statistics contained in this chapter, we fear that the result may have been the bewilderment of the reader to some extent. Nevertheless, in writing a biography of Edison, the main object is to present the facts as they are, and leave it to the intelligent reader to cla.s.sify, apply, and a.n.a.lyze them in such manner as appeals most forcibly to his intellectual processes. If in the foregoing pages there has appeared to be a tendency to attribute to Edison the entire credit for the growth to which many of the above-named great enterprises have in these latter days attained, we must especially disclaim any intention of giving rise to such a deduction. No one who has carefully followed the course of this narrative can deny, however, that Edison is the father of some of the arts and industries that have been mentioned, and that as to some of the others it was the magic of his touch that helped make them practicable. Not only to his work and ingenuity is due the present magnitude of these arts and industries, but it is attributable also to the splendid work and numerous contributions of other great inventors, such as Brush, Bell, Elihu Thomson, Weston, Sprague, and many others, as well as to the financiers and investors who in the past thirty years have furnished the vast sums of money that were necessary to exploit and push forward these enterprises.

The reader may have noticed in a perusal of this chapter the lack of autobiographical quotations, such as have appeared in other parts of this narrative. Edison's modesty has allowed us but one remark on the subject. This was made by him to one of the writers a short time ago, when, after an interesting indulgence in reminiscences of old times and early inventions, he leaned back in his chair, and with a broad smile on his face, said, reflectively: "Say, I HAVE been mixed up in a whole lot of things, haven't I?"

CHAPTER XXVIII

THE BLACK FLAG

THROUGHOUT the forty-odd years of his creative life, Edison has realized by costly experience the truth of the cynical proverb that "A patent is merely a t.i.tle to a lawsuit." It is not intended, however, by this statement to lead to any inference on the part of the reader that HE stands peculiarly alone in any such experience, for it has been and still is the common lot of every successful inventor, sooner or later.

To attribute dishonesty or cupidity as the root of the defence in all patent litigation would be aiming very wide of the mark, for in no cla.s.s of suits that come before the courts are there any that present a greater variety of complex, finely shaded questions, or that require more delicacy of interpretation, than those that involve the construction of patents, particularly those relating to electrical devices. Indeed, a careful study of legal procedure of this character could not be carried far without discovery of the fact that in numerous instances the differences of opinion between litigants were marked by the utmost bona fides.

On the other hand, such study would reveal many cases of undoubted fraudulent intent, as well as many bold attempts to deprive the inventor of the fruits of his endeavors by those who have sought to evade, through subtle technicalities of the law, the penalty justly due them for trickery, evasion, or open contempt of the rights of others.

In the history of science and of the arts to which the world has owed its continued progress from year to year there is disclosed one remarkable fact, and that is, that whenever any important discovery or invention has been made and announced by one man, it has almost always been disclosed later that other men--possibly widely separated and knowing nothing of the other's work--have been following up the same general lines of investigation, independently, with the same object in mind. Their respective methods might be dissimilar while tending to the same end, but it does not necessarily follow that any one of these other experimenters might ever have achieved the result aimed at, although, after the proclamation of success by one, it is easy to believe that each of the other independent investigators might readily persuade himself that he would ultimately have reached the goal in just that same way.

This peculiar coincidence of simultaneous but separate work not only comes to light on the bringing out of great and important discoveries or inventions, but becomes more apparent if a new art is disclosed, for then the imagination of previous experimenters is stimulated through wide dissemination of the tidings, sometimes resulting in more or less effort to enter the newly opened field with devices or methods that resemble closely the original and fundamental ones in principle and application. In this and other ways there arises constantly in the United States Patent Office a large number of contested cases, called "Interferences," where applications for patents covering the invention of a similar device have been independently filed by two or even more persons. In such cases only one patent can be issued, and that to the inventor who on the taking of testimony shows priority in date of invention. [20]

[Footnote 20: A most remarkable instance of contemporaneous invention and without a parallel in the annals of the United States Patent Office, occurred when, on the same day, February 15, 1876, two separate descriptions were filed in that office, one a complete application and the other a caveat, but each covering an invention for "transmitting vocal sounds telegraphically." The application was made by Alexander Graham Bell, of Salem, Ma.s.sachusetts, and the caveat by Elisha Gray, of Chicago, Illinois. On examination of the two papers it was found that both of them covered practically the same ground, hence, as only one patent could be granted, it became necessary to ascertain the precise hour at which the doc.u.ments were respectively filed, and put the parties in interference. This was done, with the result that the patent was ultimately awarded to Bell.]

In the opening up and development of any new art based upon a fundamental discovery or invention, there ensues naturally an era of supplemental or collateral inventive activity--the legitimate outcome of the basic original ideas. Part of this development may be due to the inventive skill and knowledge of the original inventor and his a.s.sociates, who, by reason of prior investigation, would be in better position to follow up the art in its earliest details than others, who might be regarded as mere outsiders. Thus a new enterprise may be presented before the world by its promoters in the belief that they are strongly fortified by patent rights which will protect them in a degree commensurate with the risks they have a.s.sumed.

Supplemental inventions, however, in any art, new or old, are not limited to those which emanate from the original workers, for the ingenuity of man, influenced by the spirit of the times, seizes upon any novel line of action and seeks to improve or enlarge upon it, or, at any rate, to produce more or less variation of its phases. Consequently, there is a constant endeavor on the part of a countless host of men possessing some degree of technical skill and inventive ability, to win fame and money by entering into the already opened fields of endeavor with devices and methods of their own, for which subsidiary patents may be obtainable. Some of such patents may prove to be valuable, while it is quite certain that in the natural order of things others will be commercially worthless, but none may be entirely disregarded in the history and development of the art.

It will be quite obvious, therefore, that the advent of any useful invention or discovery, great or small, is followed by a clashing of many interests which become complex in their interpretation by reason of the many conflicting claims that cl.u.s.ter around the main principle. Nor is the confusion less confounded through efforts made on the part of dishonest persons, who, like vultures, follow closely on the trail of successful inventors and (sometimes through information derived by underhand methods) obtain patents on alleged inventions, closely approximating the real ones, solely for the purpose of hara.s.sing the original patentee until they are bought up, or else, with the intent of competing boldly in the new business, trust in the delays of legal proceedings to obtain a sure foothold in their questionable enterprise.

Then again there are still others who, having no patent rights, but waving aside all compunction and in downright fraud, simply enter the commercial field against the whole world, using ruthlessly whatever inventive skill and knowledge the original patentee may have disclosed, and trusting to the power of money, rapid movement, and mendacious advertising to build up a business which shall presently a.s.sume such formidable proportions as to force a compromise, or stave off an injunction until the patent has expired. In nine cases out of ten such a course can be followed with relative impunity; and guided by skilful experts who may suggest really trivial changes here and there over the patented structure, and with the aid of keen and able counsel, hardly a patent exists that could not be invaded by such infringers. Such is the condition of our laws and practice that the patentee in seeking to enforce his rights labors under a terrible handicap.

And, finally, in this recital of perplexing conditions confronting the inventor, there must not be forgotten the commercial "shark," whose predatory instincts are ever keenly alert for tender victims. In the wake of every newly developed art of world-wide importance there is sure to follow a number of unscrupulous adventurers, who hasten to take advantage of general public ignorance of the true inwardness of affairs.

Basing their operations on this lack of knowledge, and upon the tendency of human nature to give credence to widely advertised and high-sounding descriptions and specious promises of vast profits, these men find little difficulty in conjuring money out of the pockets of the unsophisticated and gullible, who rush to become stockholders in concerns that have "airy nothings" for a foundation, and that collapse quickly when the bubble is p.r.i.c.ked. [21]

[Footnote 21: A notable instance of the fleecing of unsuspecting and credulous persons occurred in the early eighties, during the furor occasioned by the introduction of Mr. Edison's electric-light system. A corporation claiming to have a self-generating dynamo (practically perpetual motion) advertised its preposterous claims extensively, and actually succeeded in selling a large amount of stock, which, of course, proved to be absolutely worthless.]

To one who is unacquainted with the trying circ.u.mstances attending the introduction and marketing of patented devices, it might seem unnecessary that an inventor and his business a.s.sociates should be obliged to take into account the unlawful or ostensible compet.i.tion of pirates or schemers, who, in the absence of legal decision, may run a free course for a long time. Nevertheless, as public patronage is the element vitally requisite for commercial success, and as the public is not usually in full possession of all the facts and therefore cannot discriminate between the genuine and the false, the legitimate inventor must avail himself of every possible means of proclaiming and a.s.serting his rights if he desires to derive any benefit from the results of his skill and labor. Not only must he be prepared to fight in the Patent Office and pursue a regular course of patent litigation against those who may honestly deem themselves to be protected by other inventions or patents of similar character, and also proceed against more palpable infringers who are openly, defiantly, and illegitimately engaged in compet.i.tive business operations, but he must, as well, endeavor to protect himself against the a.s.saults of impudent fraud by educating the public mind to a point of intelligent apprehension of the true status of his invention and the conflicting claims involved.

When the nature of a patent right is considered it is difficult to see why this should be so. The inventor creates a new thing--an invention of utility--and the people, represented by the Federal Government, say to him in effect: "Disclose your invention to us in a patent so that we may know how to practice it, and we will agree to give you a monopoly for seventeen years, after which we shall be free to use it. If the right thus granted is invaded, apply to a Federal Court and the infringer will be enjoined and required to settle in damages." Fair and false promise!

Is it generally realized that no matter how flagrant the infringement nor how barefaced and impudent the infringer, no Federal Court will grant an injunction UNTIL THE PATENT SHALL HAVE BEEN FIRST LITIGATED TO FINAL HEARING AND SUSTAINED? A procedure, it may be stated, requiring years of time and thousands of dollars, during which other infringers have generally entered the field, and all have grown fat.

Thus Edison and his business a.s.sociates have been forced into a veritable maelstrom of litigation during the major part of the last forty years, in the effort to procure for themselves a small measure of protection for their interests under the numerous inventions of note that he has made at various times in that period. The earlier years of his inventive activity, while productive of many important contributions to electrical industries, such as stock tickers and printers, duplex, quadruplex, and automatic telegraphs, were not marked by the turmoil of interminable legal conflicts that arose after the beginning of the telephone and electric-light epochs. In fact, his inventions; up to and including his telephone improvements (which entered into already existing arts), had been mostly purchased by the Western Union and other companies, and while there was more or less contesting of his claims (especially in respect of the telephone), the extent of such litigation was not so conspicuously great as that which centred subsequently around his patents covering incandescent electric lighting and power systems.

Through these inventions there came into being an entirely new art, complete in its practicability evolved by Edison after protracted experiments founded upon most patient, thorough, and original methods of investigation extending over several years. Long before attaining the goal, he had realized with characteristic insight the underlying principles of the great and comprehensive problem he had started out to solve, and plodded steadily along the path that he had marked out, ignoring the almost universal scientific disbelief in his ultimate success. "Dreamer," "fool," "boaster" were among the appellations bestowed upon him by unbelieving critics. Ridicule was heaped upon him in the public prints, and mathematics were called into service by learned men to settle the point forever that he was attempting the utterly impossible.

But, presto! no sooner had he accomplished the task and shown concrete results to the world than he found himself in the anomalous position of being at once surrounded by the conditions which inevitably confront every inventor. The path through the trackless forest had been blazed, and now every one could find the way. At the end of the road was a rich prize belonging rightfully to the man who had opened a way to it, but the struggles of others to reach it by more or less honest methods now began and continued for many years. If, as a former commissioner once said, "Edison was the man who kept the path to the Patent Office hot with his footsteps," there were other great inventors abreast or immediately on his heels, some, to be sure, with legitimate, original methods and vital improvements representing independent work; while there were also those who did not trouble to invent, but simply helped themselves to whatever ideas were available, and coming from any source.