The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-14
INDICATIONS OF A ST0nM,I
CLOTDS ~ THE 1DMJNJSTR4TToN
or TIfE SJGNiL SERyICE.


ion from the q. =. s.Atiorney-CenernI.
WASHINGTON, March i3-Reterring to the
contract for supplying manifold and carbon pa
pers for the use of the Signal Service bureau,
using ne a basis aud without comment tho facts
already In evidence before the House Commit.
tee on Expenditures in the War Department,
the following narrative may be Of interest:
Since tho organization Of the signal Service
Tor tue "beno0t Of commerce and agriculture"
aud M TO June last, the nrm Of l.. II. Rogers &
Co. sometimes known as The American Manifold
Company, 81 William street. New York have had
the undisputed and sole right OF supplying that
department with manifold AMI carbon papers,
and have been paid for the same. annually, all
the way from $4,000 up. During this period
and at intervals they have as well held the con
tract for supplying stationery, blanks, SC, but
as yet no evidence has been produced implying
a wrong in this latter item, so purpose only to
speak Of the manifold and carbon paper con-
tract.
During the fall and winter OF 1874 and 1878,
competitors OF Rogers & Co. conceived the idea
that It was but fair that they should have
chance at such work, and individually and coll
lectively these brought 40 great pressure to
bear upon Gen. Myers as to force him to adver-
tise for proposals. The invitations to bid so is
sued enumerated ak classes Of goods, OF which
the FIRST 1--WE were for stationery, blanks. &C.. and
the last and sixth class for manifold and carbon
papers. Tho quantities named wero about one
third OF the amount required for the year, or
rather, should say, one-third Of tho quantity
that had been supplied during the previous
peri odsi off twelve months each. For this
sixth class some twenty bids were sent IN.
These were opened and the amount OF each
waliach Of 90 Beekman street. New York. was
found to be the lowest bidder, his amount being
$i.1O.25. Warren Choate Co. of OIL Pennsyl-
Nania avenue, Washington, came next. they
being In excess Of Waach about sl0O. The
bidding was then In various amounts up to
t2O6i5 this latter being that Of l.. H. Rogers &
Co. So soon as tho bids were announced. G. G.
Long, managing man for l.. II. Rogers & Co..
being present, tnen aud there notified the de-
partment that his principal H. n. Rogersl held
patent on manifold printing and that II the
wo;ild be held resnonsible fnr Il em,gss snhses
quently Willy Waach held some correspond
ence, with the department, and Is under
was awarded him he would give bonds
70 indemnify the Government from loss
called patent. Nothing definite resulted from
this correspondence. Meantime, In August
last, personally appeared before Choate & Co."
Gen. A. j. Myers, who intimated TO them that II
they would give bonds to secure the department
from loss, he would close contract with them,
ducsd tnat Choate Il 60. accepted this generous
offer just here 1t is in order to state that the
original invitation TO bid coupled the separate
items OF manifold and carbon Papers. There be-
ing no notification Of a pa e Mt on the last named
another attack was made upon Gen. Myers and
with such success AS to induce him to issue sep
arate proposals for carbon. For this ChOste X
Co. were the lowest bidders, and to them Was
awarded that contract. Not abandon the at
tack, the opponeuts Of Rogers & Co. kept up so
continual FIRE on The depart mcnt as to compel
ATTORNEY General Pierrepont. 10 have the mat
ter FULLY understood. this opinion should DO
given In full, 50 send 1t entire, as follows:
DEPARTMENT oF JusTICR,l
-, -. ~. n,, MAshlNGroN, Juy ~ 1870.
SIR: 1 have cyimined the acc. mpanving papers In
relation 70 the purchase Of manifold ouns AMI carbon
were enclosed % me 10 .etets from the Chicf clerk
uf your department, dates 1th lnfn ana 1tth u and
the remainder were received with your Letter OF ION
it appears those paper,th the chief sgn,l occr
rec ntB advertised for proposa- iurn.h cles
sSryiee dSfas The year cndas JuSS ss is 8, s5ag
eaSn paprT Froposas ste ssennt iSI 9Sas
from OH r nj psrtie, to supply the ioquil,d guam
ile, Of Ar le. Ja't named a. sums yarag 10 an unit
tract Aoweyer ine cnef sisnei 9licet wac nouned by
ture OF manifold forms is covered by patent owned
tai Sride vitSout an nfagemeat on tse G' Pieat
on tLe other hand, me parry whose BID wls
VIII le conceding iAe existence OF patent Tor lnal
had been ni,nufacurcd boin IN England aad IN IA
&C. NV sna "15 ~ ~ eoon use ioGs pIiot 70 Y
from contracting to supply thc atuce required. Upon
proper fof ne ch = sisna oflecr 70 award Tie con
whether he shoui deene ali BIDS eScep, thai OF ihe
patcnee which j. highest Assuming that the righ T.
required by the 81 snai service Is protected oy vad
patent, IL Would @ @cn'lon,ly be unnl,e ana improper
for the supplying Of such articles with party
mem even inoG.h 'c psrty ssoSd tenaer Sosd 10 a
demns the government from los or damage rcsutiag
Of i,s Validity Ilat Is 70 say. tne patenee Vas ne
same vas new useful aud hence 1t deyolves upon
those who deny the validity thereof to show prior in
case under eosiiefGiion he scts ave alleged shcs
env n ne subject Il ne paieni aud he absence II an
clement esseat.a! 70 is rahatg i'nt q, appIoprlte
giyslsy t,s,d :, e,ioIs eoansi,g {asl'al frisandt
sdvsats to STsTd The c5nTset Tor tSrnsRns mani
too forms to the lowest other Of the OidcFs
Pts TSsa5s s term; as PasaI
sell them haze the e9n9, TO De- vsry
The underscoTng of a part OF the opinion is
my own, as Idesire to make some observations
regarding that clause which states that the ap-
fore a competent judicial tribunal. 1t is In evil
dence before the committee that those who are
adversely affected by this decision have tried
every way In their power 70 get II before a com
petent judicial tribunal. No one has the power
to SO dispose of II, except the so-called patsn-
fiSst @ TsaaciSs Loa!sei' y Maiden
arranged in forms similar to those Of the signal
Service bfteen years before the date OF tho
patent IN question:. McNluIe " DfO., w III. a.
Babcock and other manufacturers of manifold
and carbon paper, as well as many printers, are
now and have been for years continually viOlat-
Ing the patent. IL Is In evidence that samples
OF such violations have been repeatedly ex-
hibited to the patentee's agent, g. &. Long and
that lie has been asked TO sue for damages. No
suit has yet been brought, and 1t Is doubted II
any Will be.
In the fall OF 1874 tho War Department were
put In possession OF an elaborate opinion on this
very patent from the late Hon. Reverdy John
son. His conclusions were that the patent was
invalid, that II was obtained by a misstaIement
mem bers OF the House committee that where a
patent was being continually violated, and with
the knowledge OF the patentee, IL is virtually
with his consent, and goes far to inyalidate the
same.
1t may here be added that within the past two
months the Signal Service Department Is known
To nave closed another contract with Rogers *
Co., and II has come to the knowledge OF the
House committee that the same parties have
the whole OF the past year. Finally. and regard
Ing the opinion OF the AuoTney-G eneral, the
just named committee are unanimous In the
opinion that IL IL 10 no sense binding upon the
department; that II leaves 1t optional with thom
TO contract with whom they may. Yet IL pro-
tects them In their action II they choose to ac-
cept such protection. +.
Poor House and Ten OF Its Inmates Burned.
NORWICH, Conn, March l3.-The poor house
OF this town. which had nfynye inmates. was burned
to the ground last night. Seven bodies have been re-
more OF the inmates, who are still missing, were
burned. The poor house barn also burned; e-ti.