New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-10

we'll patents for inventions and have had them IN
particular patent is issued for Information and spg-
gestion before acted upon them finally mere 20. m
any suggestion advice from that department wouu
be binding conclusive upon this but for the sake
more harmonious and regular administration Oh 'ne
affairs OF the Executive Department Is tbls custom VI
practice observed. not say that action could not
be had by this department independent OF TINS course
but in the few that have been BEFORE me nav
followed this precedent and within the last four
Of the United States TO test patent Yer an 'en
ton.
A. H. GARLAND, Attorney-GeEera.
Upon the receipt of the Attorney Generals letter Mr.
Cleveland addressed the following communication to the
Solicitor General
EXECUTIVE MANSION. !
WAsHINGToY, oct. 8. 1881
The Hon JOHN GooDE, Solicitor General
MY DEAR SIR: submit to you with this statement
made by Attorney General Garland explaining his rea-
tions-or rather want OF reaono the action taken by
you in his absence upon application to bring Ill the
name of the United States suit to test the validity OF
patent held by the Bell Telephone Company call your
attention especially the latter part of this statement
in which the Attorney General speaks OF the usual
procedure in the Department OF Justice such app-
cations, The reference to the Interior Department.
which he mentions an ordinary feature OF mat
procedure, to have been dispensed WIN
IN your treatment OF this application. THIS
omission may have been the result of lack
of familiarity with the routine in such or OF per
fectly clear aud satisfactory persuasion OF what should
he done derived the documents presented to YOU
Whatever may be- and while such reference IS
vital, of to the validity OF your action ana
though by prepared TO question the cor
recncss OF discretion In the matter
still tho precedent calling for reference to the depart
ment with which the matter is connected is so well
established and seems to me well founded upon CON
sderatlOns OF safety well as proprlety tnat desire
suggest for your reflection the proposition whether
such action your part as viii preserve ana protect
such precedent aud custom could not wen he taKeh'
Yours very truly
GROVER CLEVELAND.
The Solicitor Generals reply to the President is as
follows:
DEPARTMENT OF JUSTICE,
WASHINGTON, Oct 9, 1881
The President
SIR: have the honor to acknowledge the receipt OF
yours Of October submitting statement made by the
enera with reference to the action taken by
myself in his absence upon application to bring III
the name OF the United States suit TO test the validity
of patent held by the Bell Telephone Company. 1t is
it has been practice OF this Department t.
refer similar applications to the Interior Department
for information and suggestion before final action has
been taken 1t Is also true that Acting Attorney
General granted the application In this instance WHY
out making usual reference TO tho Interior Depart
ment. This omission not the result
of lack of familiarity with the routine
In snch cases but OF satisfactory
derived entirely from the papers presented
me- what right and proper TO be done In the
premises.
In addition to the afidavits which accompany the
letter OF the Dstrct-Atorney who made application or
permission to the name OF the United States III
brng lg the sut he transmitted attestcd copy OF all
the writings filed in the Patent Office, and the proceed
ings had hereupon which resulted in the issue ana de-
livery OF the letters patent Mr. Bell After careful
examination these EXHIBITS happeared TO be duly
authenticated. I to the conclusion that all the
necessary information had already been furnished by the
Patent Oflce. and nasmuch the question presented
by papers for my consideration was loyal one eH
cusvey did not deem 1t advisable 10 refer the apph
cation to the Interior Department for suggestions.
But, concurrng with you rs 10 the prooHety
OF the practice which has been generally
adopted in such matters by this Dcpartmcn,
heretofore and being unwilling TO take any action which
may 10 regarded departure from wise ANA safe
precedent consider 1t best perhaps, under all the or
cumstances, revoke the the permission which has
been bring the suit referred to- Accordingly,
have written by tO-iay's mail to H. W. torry.
United Attorney OF the Western District OF Ten
nessee directing him to discontinue the suit which he
WAS instructed institute IN the OF the United
States for The purpose Of vacatnR aud annulllug the
letters patent Issued 10 Alexander Graham Ben on the
7th dav OF March. $40. aud numbered 1890. Very
respectfully. Your obedient servant.
JONI GOODE, Solicitor General