New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-10
MR.. GARLAND'S REFUGE.
THE PRESIDENT COMES TO HIS RESCUE.

$50 [BY TELEGRAPH To THE rRrBUyg.
WASHINGTON, Oct. 9-The suit recently begun
at Memphis by the Department of Justice on be-
half of the Pan-Eectric Company, to set aside the
Bell patents has been discontinued by order of the
Solicitor-General. The discontinuance was. per-
haps, to be expected. The Attorney General stated
his position to the President; MIR. Cleveland re-
ferred the argument to Mr.. Goode, together with a
gentle HINT as to what should be DONE and the So
lictcr-General acted accordingly. The CORE
spondence bet cen the three gentlemen is given be-
low. The reason for the withdrawal of the suit
assigned in Mr.. Goodies letter not the sole one.
nor it is believed was the chief cause. 1t enabled
the President to recognize the validity of the
labored argument presented by the Attorney-Gen-
eral in hso behalf.
1t is now clear that Mr. Garlands explanations
to the President were not satisfactory
and that his efforts to convince other
members of the Cabinet were unsuccessful
1t will be observed that while Mr. Garland both
directly and by implication repeatedly avows his
relation as attorney to the Pan-Electnc Company,
he studiously refrains from speaking OF his relations
as stakeholder and director of that company. Inc
precedents ne cites from the action of the Solicitor
General under two of his predecessors, apply only
to past relation as attorney.
Solicitor General Goodies letter is rather amusing
in that he assures the President that he was famll-
departed from it IN this instance because the Dis
trict-Attorney had supplied him with all the intor-
NATION that he could have obtained from the Patent
Office and yet declares that he has ordered the
flscon tinuance of the suit because the rule was
not observed.
Following is the Attorney Generals letter to Mr.
Cleveland
WASHINGTON, Oct. 8, 1885.
The President
IN dratn f nh
An nv home YOU called my attention to what was
being reference to the granting OF the use OF the
name of the United States by the IN my
absenceto the validity of the Bs telephone patent
stated to you then that all know aOoutit was con
tanned in the telegram sent to me
Times. Democrat of NewOrleans, ON september
o. from Little Rock which telegram will be hereinafter
alluded Silce my return to my post OF duty great
deal more has said in reference TO 1t in public prints
and in other ways and has assumed general impor
lance in country much that deemed 1t my duty
NM, my own motion to bring the matter fully to the
attention Of yourself and the Cabinet at this mornings
session. which did, and explained my attitude III the
case as understand it, fully. On further rehecuoA
think it best put this statement IN writing so
that you may for whatever use you wish to make
OF 1t and for the bede OF all concerned and now pro-
coed to 90 so.
About three years ago ], with six or seven other
gentlemen entered into organization known as tie
.Pan Electric Telephone Company" based upon what
many In good faith and started 1t IN It's
opcratious and have gone on from tire 10
time with 1t companies nave GeneraliS
been conducted In selecting the officers OF that com
pany was made its attorney. The organization was
legitimate and legal one and into which each one Of
its members had perfect right TO enter ana formed AT
time when there not any particular probability that
would be called upon to fill the Office OF Attorney
General OF the United States Some time last summer
do not recollect the precise day-sone gentlemen ap
preached stating that they desired to make appca
ton In the name Of this company of which
holder and attorney for the Of the name OF the
United states to test validity OF the Bell telephone
patents the courts Those gentlemen were MT casey
Young Colonel George W. CAN'T, Mr.. Van Benthuysen
and one other gentleman whose name do not recolec
told the gentlemen that could not consider the mat
ter and being asked by OF them why,
/ stated that was disabled because
OF being a stakeholder and the attorney
for the company in whose name 1t was intended TO make
the application Several questions were propounded TO
me as to the manner and mode OF proceeding IN such
maters which declined to answer, stating that was
disabled from considering the subject matter at all
could not these questions ana this response
seemed be satisfactory to the gentlemen present
They retire from my Office and made any further
effort toward application TO me. and would state
that I'm the interview alluded they did not exhibit any
application to me that they then ready to
make it, but they desired to make it, Wheherthey
wished to make it then or some future time do not
know
heard no more of tho matter in any shape I left
here on August 81 for visit Of recreation
TO my home in Arkansas without even speak
ing to the SOlicitor.Gencral or any one else
in the Office about the matter And the next thing upon
this subject that attention was telegram
kindly sent me by The Times Democrat OF New-Oreans
TO which replied from Little ROCK that did not know
the use OF the name OF the United States had been
granted and that had not granted any such use This
IS all of my connection with the matter by commission
or omission after the interview with the gentlemen
already spoken Of supposed that they would come
10 me with an application after the statement had
made TO either refer matter to the SolicOrGeneral
or TO present you the legal head OF the Executive
Departments Of the Government for your consideration
Such was done. but an application was made TO the
Solicitor General directly, aGd he granted the request
Upon this OF facts there Is greas deal OF misap
orehension existing my and proper relation
Attorney to this whole subject and think can
correct that
The Solicitor enera under the law creating that Of
Zee is not the deputy agent of the Attorney
He officer OF the law and acts as such by virtue OF
Z, commission from the people through the President
and not under the authority of tho Attorney General IN
those matters that before him in the absence in
the case of the disability OF the Attorney-GeneraL Tho
latter part Section 3i7 of the Revised Statutes says
of vacancy in the Office Of AttorneyGeneral. or
pf his absence disability the SocitorGencrl shall
have power all the duties OF that Office The
disability here is limited 10 the of physical abil
fly perform the duties but has reference TO and In
cludes that we'll mental incapacity or
ineapacity account OF interest ia the subject
matter and the section would properly read " or
OF his Absence being present. incapacated TO act
. :" And in coming within this statement tho
Solicitor General for himself. He Is not response
BILE to the Attorney General and the AttOrneyGenera
exercise no control over his discretion 80 IN the
case presented being disabled disqualified from act
ing, Attorneyencral, simply sat out. asst were
as the reports that Justice OF the Supreme Court
and OF other docs when he has. previous to
Ing on tho bench otherwise. been connected with
case before the court This independent character OF
The General in matters OF this sort makes him
even Cabinet officer in the absence OF the Attorney
General and this Department has plenty OF evidence
Of tho Generals acting the Cabinet