New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-09-29
DEFENCE OF Mr.. GARLAND.
AN ANALYSIS OF SOME EXPLANATIONS.
RAPID WORK BY THE ACTING ATTORyEY-GENERAk
-DIsREGARDrNG PRECEDENT.
IRY TELEGRAPH TO THE rRIpUyE.

WASHINGTON, Sept 2S.-The several ex-
plantations and denias behalf OF Attorney y-Gensral
Garland respecting his interest In the telephone sue
recently instituted at Memphis begin to be interesting
Mr. Garland himself says that until within the last two
three days had not been that the use OF the
OF the United States had been granted TO the Pan
Electric Company and that he had granted any such
Mr.. Van Benthuysen. in interview yesterday,
stated that July II he wrote to Attorney General
Garland requesting him to institute suit against tho
Bell Company An explanation made by officer OF tho
Department Of Justice is to tho effect that tho
application authorize the suit against the Bell Com
pany originally from the United States District
Attorney Memphis and that it set forth tnat tho
letters patent to the Bell had been improvidenty issued
and asked authority to begin suit In the name or the
Government vacate the patents that the papers the
application OF the District Attorney referred TO
the Sollctor-General, who made careful examination
and satisfied himself that the application proper
and that accordingly on September 3 the Solicitor
General, acting Attorney Genera instructed Disrice
Attorney McCorry follows:
Yours 3lst ultmo. inciosing certain papers with ref
has been duly. received. Upon care.
of opinion they make orin,a yaee ease sufficient to
justify suit In the name OF the United states to yacate
annu and declare void the said letters patent You
authorized to institute chsncery suit In tho name
OF the United staes In the United States Circuit Court
Western Tennessee for purpose OF vacatng and can
ceiling letters patent Bell March T. 1875 and num-
pp1 the a b1 as VIZ sna
ueDt suggestion and coneeament the part OF said
corss
to appear associate counsel with the distinct under
controlled by yourself under direction Of this Depart
men and liability is to be incurred by the Govern
vices as associate counsel
1t viii be observed that the application Of tho District
Attorney dated at Memphis Tenn, August 81, and
that the acting Attorney able to consder
nd ain,nn ad
his September g. The papers In the
having been laid before him the preceding day This
fact unquestonaby proves that the acting Attorney.
General prompt 1t also coroborates the state
made TRIBUNE correspondent to-day that there
reference of the application to the Commissioners
OF Patents 10 order to ascertain the facts the acting
Attorney acted upon the facts there must have
been prior presentation of them.
has been the uniform practice OF the Attorney Gener
ais office from the beginning whenever application has
been institute suit either behalf OF an individual
the United States to revoke cancel any action Of
any executive department Of the Government, to call
upon department interested for statement Of tho
facts with its recommendations In the premises For
example, in December, 1879 application made
the AtorneyGeneral for the cancellation of certain
land patents in Arkansas General Dsvens promptly
tho Department of the Interior
for report There report, and it not until
1882 that the DstrictAttorney ct Little Rock in
sructed by AttorneyGenera Brewster to institute pro-
ceedings Attorney General Garland s familiar with that
case and doubt Will be surprised 10 learn that In
the short space twenty four hours the soctorGen-
era his absence able to decide all the facts with
out reference the Commissioner Of Patents and to
issue instructions for the beginning Of the suit Mr..
Garlands surprise will be lesscned when he
that since ne has been at the head OF the Depart
mont OF Justice two reports have been made By the
Commissioner Of Patents upon requison from his de-
parmen 1t is at least clear that in the telephone
cnIia al for froun tha Pat tantO fiea
II stated at the Department OF Justice today that
Attorney General Garland is not expected to return
until week. When he gets back the President viii
expect from him full report In regard to this matter
The explanations and deniaIs SO far are by no means
satisfactory.