Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-10-10
THE NATIONAL CAPITAL.
WIrEDRAwH.
The Gevernmra, ena ns Bell re,sphons
Patents.
lei, graph 20 the Dispatch. ,

ncCtiOn Win the ran EltcuiV iciepuVhO
Company AID the suit brought in his
absence b, the Solicitor-General in the
name of the United States to test the
validity OF the Bell telephone patent.
lie says that long before he was made
Acknowledgement he became one Of the
Organizers Of and attorney for
the Pan Electric Company. Alter
he entered the Cabinet he was
approached by several gentlemen, who
informed him that they desired to make
application in the name Of his COM
psny for the use OF the name OF the
United States to test the validity OF
the Bell patent. lie refused TO have
ANYTHING TO do with the matter, and
heard nothing more concerning it until
the publication of the fact that SUIT
had been brought. In his opinion 1t
would have been proper and following
preccdent to have referred the matter
10 the Interior Department for in
formation before instituting the
suit. The President enclosed this
letter TO Solicitor-General Goode,
with the query whether it would
not have been better TO have followed
presidents and made inquiry Of the In
terror Department before bringing suit
IN the name Of the United States, and
whether action TO preserve and protect
such preceden. could not still be taken.
TO this the olicitor-General replied
that he concurred in the Presidents
view Of the case, and had accordingly
directed discontinuance OF the suit
brought in the name Of the Government
for the purpose OF vacating the letters
patent issued to Bell.
THE PRESIDENTS LETTER.
The Presidents letter to the Solicitor
General is as follows:
EXECUTIVE MANSION,
WASHINGTON, October Sth.
Hon. John Goode, Solicitor General:
Nv Dear Sir,-I submit to you with
this the statement made by Attorney
General Garland explaining his relation
Cor rather want Of relation) to the action
taken by you in his absence upon an
application to bring, in the name of
the United States, suit to test the
validity Of the patent held by
the Bell Telephone Company. |
call your attention especially to the
latter part Of this statement. in which
the Acknowledgement speaks of the
usual procedure in the Department of
Justice upon such applications. Refer
ence to the Interior Department, which
he mentions as the ordinary feature OF
that procedure, seems to have been dis
pensed with in your treatment OF this
application. This omission may have
been the result Of lack Of familiarity
with the routine in such cases, or OF
perfectly clear and satisfactory persua-
eien of what should be done derived
from the 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 prepared to question the cor
rectness of the exercise Of your dis
cretion in the matter, still the prece'
dent calling for reference to the De-
psrtment with which the matter is con-
nected is so well established, and seems
to me so well founded upon considera-
tions of safety as well as propriety, that
desire to suggest for your reflection the
proposition whether such action on
your part as will preserve and protect
such precedent and custom could not
well be taken.
Yours, very truly,
GROVER CLEVELAND.
THE sOLICITOR-GENERAL's REPLY.
DEPARTMENT OF JUSTICE,
WASHINGTON, ID. c., Oct. 9th.
The President:
Sir,-I have the honor to acknow-
ledge the receipt Of yours of the 9Th
instant, submitting the statement made
by the Acknowledgement with reference
to the action taken by myself, in his
absence, upon an application to bring,
IN the name Of the United States, suit
to test the validity of the patent held
by the Bell Telephone Company. Ii is
true it has been the practice Of this
Department to refer similar appli-
cations to the Interior Department
for information and suggestions be-
fore final action has been taken.
1t is also true that as acting Attorney
General | granted the application in this
instance without making the usual re-
ference to the Interior Department.
This action was not the result of lack
OF familiarity with the routine in such
cases. but Of satisfactory persuasion
derived entirely from papers presented
to me as to.what was right and proper
to be done in the premises. In addi-
ton TO the affidavit which accompanied
the letter Of the District Attorney who
made the application for permission
to use the name of the United States
in bringing the suit, he trans
mitted an attested copy OF all
writings filed in the Patent Office
and proceedings had thereupon,
which resulted In the issue and delivery
of letters patent to Mr.. Yell. After
careful examination of these exhibits,
which appeared to be duly authenti,
Gated. | came TO the conclusion that al
necessary information had already beer
furnished by the Patent Office, and III
as much as the question presented by
the papers for my consideration was
legal one exclusively, did not deem II
advisable to refer the application to the
Interior Department for suggestions
But. concurring with you as t.
the propriety Of the practice which ha'
been generally adopted in such matters
by this Department heretofore anC
being unwilling TO take any actor
which may be regarded as a departure
from wise and safe precedent, conside
it best, perhaps, under all circumstances
to revoke the permission which has beel
granted to bring the suit referred to
Accordingly l have written by to
DAYS mail to ii. W. McCorey, Esq
United States Attorney for the West
ern district of Tennessee, directing hiu
to discontinue the suit which he wa
instructed to institute in the name O