Omaha daily bee., 1885-10-10

all the duties of that office. He adds: "The
disability Is not limited to the one OF phNsi-
cal ability to perform the duties of the Office,
but has reference TO aud includes that as
we'll as mental mcapacity or incapacity on
account of interest in the subject matter
And in cases coming within this statement
the solicitor general acts for himself He is
not responsible TO the attorney general, anu
the attorney general has no control oyer nus
actions. So, in the case presented, being us
abled or disqualified from acting. l, as attor-
ney general simply "sat out" as 10 were
as the reports show that Ia justice of the SUI
prcme court, and of other courts, does When
he has, previous to coming on the bench, OF
otherwise been connected with the case be-
fore the court This independent character
of the solicitor general in matters ot thls sort
makes him even a cabinet officer
N the absence of the attorney ey-general. tSee
9S3.) And this department. has plenty OK eyl-
dence of former solicitorgeneials acting III
cabinet councils in the absence OF the atior-
ney-general. SO that when it came to that
to use the name of the United States to test
the validity of the Bell telephone patent, L.
being disabled to act upon 1t, as hereinbetore
stated, the solicitor general was the proper
person TO act, whether referred the matter
to him or whether left the parties (as did
to seek him, or any other remedy, as best
they could The TACT of my absence is of
cause eau if 1 was disabled to act
here and at the department of Justice in per
son the solicitor general could act. Inc at
torney general then proceeded to cite mum
Der of instances in point, wherein solicitors
general have taken independent action ON
matters coming within the. sphere of the at
torney general, but from which the latter was
dcharrcd from considering by reason oil Dclng
personally Interested.
He concludes as follows: "In answer to the
question prOpounded To me at the canlnet
meeting by yourself and Others, as to the
/ wish To say that there is a custom III this
dcpaSment-not any nNed adopted rule-but
Il practice to have these questions all lieierreu,
before they are finally passed upon here, to
original transaction cmanates. There have
been a few acpplatiOns TO- me since
| have been attorney general for the use Oh
the name of the United States to test patents
for lands as well as patents for inventions,
and have had them, in every case, referred
to the department from which the particular
patent is ISSUED forintormation and SuggeS-
lions before 1 acted upon them hnnlly mere;
Not that any suggestion or advice from that
department would be binding or conclusive
upon this, but for the sake of more mar
monious and regular .administiation OF i', me
affairs of the executive departmcnt Is mus
custom practiced. | do not say that the
action could not be had by this department.
independent of this course, but IN the rev
cases that have been before me nave loi-
lowed the precedent, and within the last four
dayS | have done the same in an appl-
cation for the use of the name of the
United States to test patent for an inVcn-
ton.
Accompanying the letter of the attorney
general is the following from the president:
EXECUTIVE MANSION, WASHINGTON, Oct:
s, 1SS5.-llon. John Goode, Solicitor General
My Dear Sir: | submit to you with this
statement made by Attorney General Iar-
land explaining his reations Cor rather want
OF relatons) to the action taken by You IN his
absence application to bring, in the name of
hn 'nitpl STATES a Suit To fest tnp validity
of patent he'd by the Bell telephone COM
pany.) i will call your attention especially to
the latter part of this statement in which the
encouragement speaks of the usual proceed
ure in the department. of justice upon such
apDlicatiOnS. Reference: The interior de-
pnrtment, which he mentions as an ordinary
feature, seems to have been dispensed WIN
in your treatment OF this application.
This omission may have been the result of a
. lack of Familiarity with the routine in such
cases, or of II perfectly clear and satisfactory
persuasion of what should be done, derived
from documents presented to you; Whatever
the cause may be, and while such reference
is not vital, OF course, to the validity OF your
action, and though am by no means pre-
pared to question the correctness OF the eX-
crcSe of Your discretion in the matter, still
the precedent calling for Il reference to de
partment with which the matter is connected
is well established, and seems to me SO well
well as prosperity that, desire to suggest for
your reflection, the proposition, whether such
action on your part as will preserve and pro-
tcct such precedent and custom, could not
well be taken. yours very truly,
GROVER CLEVELAND"
SOlicitor-General Goode,Eunder date of to-
day replies, acknowledging the prevalence of
the custom of reference and his omission of
II and adds: This omission was not the re-
suit of lack of familiarity with the routine in
such cases, but of a satisfactory persuasion,
derived entirely from the papers presented to
me as to what was right TO be done in the
premises In addition to atiidavits which ac-
company the letter OF the district attorney
who made application for permission to use
the name of the United States in bringing
suit, be transmitted, an attcSted copy of all
| writings filed in the patent offices
and proceedings had thereupon, which
resulted in the issue and delivery of the let
tcrs OF patent to Mr.. Bell. After a careful
examination of these exhibits, which ap-
| pearcd to be duly authenticated, came to the
| conclusion that all the necessary informa-
! ton had been furnished by the patent Office,
and inasmuch as the question presented by
| the papers for my consideration was legal e%-
| clusively, did not deem it advisable to refer
the application to the interior department for
| SUGGESTIONS"
l. In closing, lie says he concurs in the sug-
| geslion that the precedent is a bad one to set,
| and that he has accordingly written to
| United States Attorney McCarey, of the
| Western district of Tennessee, directing him
| to discontinue said suit,