Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1885-10-16
The Suit Brought by the Pan
Electric Telephone Co.,
Against the Bell Tele-
phone Co.
The Suit is Brought to Test the
Validity of the Bell Tele-
phone Patents.
Dispatches From the National.Capi-
tai.

tuc SutL UFOuShG ny luO SOllSitOI gen
eral in the name of the United States
to test the validity OF the Bell tele'
phone patent during the absence OF
the attorney general. 1t Begins by
adverting to the fact that on his re,
turn, after the sui had been com
menced, the president called his at
tention to the matter and what was
being said about it ia the newspapers
that the writer informed the president
that all he knew about it was con
tained in a telegram sent to the New
Orleans Times Democrat, when the
matter was first made public. That
matter having since assumed general
la. .portance he (the writer) had thought
it proper, on his own motion, to lay
the facts before the president and his
cabinet under the current date of the
9Th inst.
On further reflection he had decid>
ed to put the matter in writing to be
used at the presidents pleasure.
He then goes on to say that about
three years ago before he had any
idea of being made attorney general
he joined with several others in organ>
izing the Pan Electric Telephone cons
pany of which he was made attorney
Everything in connection with it was
done in good faith and last summer
Casey, Young, Colger, Van Berthysch
and others came to him and asked
that suit be commenced in the name
of the U. S. on behalf of
THE PAN ELECTRIC COMPANY
to test the validity of the Bell pat
ents. He told them he could not con
slider the matter because he was a
stockholder in, and attorney for the
Pan Electric Company, and that this
fact disabled him from considering
the subject or giving any advice
about the matter. He heard no more
of it until he received a dispatch from
the Times Democrat, he being then in
Arkansas. He did not then know
that the use of the name of the Unit
ed States had been granted. He then
goes on to say that the suit was
brought by the Solicitor Gen1, who
under the law is not the deputy or
agent of the Atty Gen'l and in the
absence or disability of the Atty
Genl is empowered to exercise all the
duties of that office.
He adds, 1.-THE disability is not
limited to the one of physical ability
to perform duties but has reference
to, and includes that as well as mental
incapacity, or lncapacity on account
of an interest in the subject matter. y
and Ia cases coming within this state-
ment the solicitor general acts for
himself. He is not responsible to the
attorney general, and the attorney
general can exercise no control over
his discretion. So in the case present
ed being disabled or disqualified fro.
acting as attorney general simply
"sAT OUT"
as 1t were, as reports show that JUS
tice of the supreme court, AID of other
courts, does when he has, previous to
coming on the bench or other wise,
been connected with the case before
the court. This Independent charac-
ter of the solicitor general in matter
of this sort, makes him even a cabinet
officer in the absence of the attorney
general (see Elmes on U. S. Exc. De-
parts, sec 9S3), and this department
has plenty Of evidence of former
solicitor general acting in the cabi>
net councils in the absence of the at
torney general. So that when it came
to that point where the Pan Electric
Telephone Co wanted to use the name
of the United States 10 test the validi-
ty of the Bell telephone patent
l, beng disabled to act upon
it, as hereinbefore stated. the
solicitor general was the proper person
to act, whether l referred the matter
to him or whether l left the parties
(as | did) to seek him or any other
remedy as best they could. The fact
of my absence is of no moment ia this
inquiry because if [ was disabled to
act, at d not here Al the department of
justice in person,
THE SOLICITOR GENERAL COULD ACT.
The attorney general then proceeds to
cite a number OF instances on the
point wherein solicitor generals have
taken independent action on matters
coming withiR the sphere OF the at
torney general, but which the latter
was debarred from considering by
reason of being personally interested.
He concludes as follows: ''In answer
to The question propounded to
me at the cabinet meeting
by yourself and others as
10 the course of procedure of the
governing in such matters, I wish to
say that there is a custom in this de-
partment, not any fixed, adopted rule,
but practice to have these questions
all referred, before they are finally
passed upon here, to the department
from which the original transactions
eminate. There have been a few ap-
plications to me since | have been at
torney general for the use of the name
of the q. s. to test patents for lands
as we'll as patents for inventions, and
l have had them in each case re-
ferred TO the department from which
the particular patent is issued. for Ia.
formation and suggestions before q
acted upon them finally there, not
that any suggestion or advice from
that department would be binding OF
conclusive upon this, but for the sake
OF = more
HARMONIOUS AND REGULAR ADMINS,
TRATION
of the affairs of the executive depart
ment in this custom practiced. l dc
not say that action could not be had
by this department independent of
this cause, but in the few cases that
have come before me, / have followed
the precedent, and within the last -four
weeks have done the same in an ap
plication for the use of the name OF
the United States to test patent for
an invention. Accompanying the letter
OF the attorney general is the follow
ing from the president:
EXECUTIVE MANSION, Washington, Oct s-'Sa
Hon. Jno. Goode Solicitor General
My Dear Sir:-I submit TO you with this state
meuf made by Atty Gen7 Garland explaining hi;
REALTORS (or rather want Of relations) to the &C
ten taken by you in his absence Ton an applica
ton to bring in the name Of the United States q
suit to test the validity OF . patent held by The
Bell Telephone Col i cal your attent on eSpec.
tally 70 the latrer part OF this statement in which
the Attorney General speaks Of the usual proce
dnre in the departmenf OF justice upos such apr