Savannah morning news. [volume] (Savannah) 1868-1887, 1885-10-10
PAN TELEPHONE STOCK.
ATTY. GEN. GARLAND EXPLAINS
HIS OFFICIAL STAND.


pany's Application for Use of the Name
of the United States. by bis Interest in
the Organization-Preced Which
Prove the Solicitor Generals Right to
Act.
WASHINGTON, Oct. 9.-The following
correspondence is made public concern
ing the suit brought by the'Solicitor Gen
eral in the name OF the United States to
test the validity of the Bell telephone
patent, the first letter being from the At
! torney General to the President:
DEPARTMENT OF JUSTICE,
WASHINGTON, Oct. s.
! To the President:
sTR-On NV return, on Oct. l, from visit
! to nay home you called nay attention TO what
/ was helng said in reference To the granting of
| the use of the name OF the United States by
| the solicitor General in my absence to test the
validity of the Bell telephone patent. stated
! to you then that all knew about 1t was con-
tanned in q telegram sent to the Times Demo-
! cfdt at New orleans on sept - last from Lit
! tie Rock, which telegram will be hereinafter
| alluded to.
PUBLIC DISCUSSION OF THE MEASURE.
Since my return to my post great deal
more has been SAID in reference to II in the
| public prints and in other ways, and it has
| assumed a general Importance to the country
so much so that deemed it my duty upon
| my own motion to bring the matter fully to
! the attention of yourself and the Cabinet at
! this mornings session, which ] did and ex-
! planned my attitude in the case as l under
stand 1t fully. On further reflection, think
| 1T best for me to put this statement in writing,
| so that you may have it for whatever use you
| wish to make of 1t and for the benefit OF all
| concerned, and now proceed to do so:
! ORGANIZATION OF THE COMPANY.
About three years ago I, with six or seven
| other gentlemen, entered into the organiza-
tion known as the Pan Electric Telephone
| Company" based upon what was called the
| Rogers invention. We formed that company
| IN good faith and started il in its Oppositions
and have gone on from time to time with it as
companies have generally been conducted. In
selecting he officers OF that company was
made Its attorney. The organization was
| legitimate and legal one and one into which
| each of It's members had perfect right to
! enter, and formed at a time when there was
/ not any particular probability that / would
ever be called upon to fill the Office Of Attorney
| General Of the United states. Some time last
summer, | do not recollect the precise day,
/ several gentlemen approached me, stating
| that they desired to make application IN the
name of this company, of which ! was
| stOckholder and attorney, for use OF the name
| of the United states TO test the validity Of the
! Bell telephone patents in the courts.
| DECLINES TO TAKE PART.
Those gentlemen were Casey Young and
| Col George W CAN'T, Mr.. Van Benthuysen,
and one other gentleman whose name ! do
| not recouect. ftold the gentlemen / could
y
one OF them why, stated that / was disabled,
| because OF being stOckholder and attorney
| for the company in whose name it was in
| tended to make the application. Several
/ questions were prOpOunded TO me 30 to the
1 manner and mode OF proceeding IN au' mat
| ters, which declined to answer, stating that
| was disabled from considering the subject
matter at all. / could not answer these ques-
! tiOns, and this response seemed to be satisfaG-
! tory TO the gentlemen.
NOT PRESSED FURTHER.
They retired from my ofiice and never made
| any further effort towards an application
| from me, ana would state that in the inter
/ view alluded to they did not exhibit any ap-
| plication to me or say that they were then
ready 70 make it, but that they desired to
make it. Whether they wished to make it
then or ut some future time, | do not know. /
/ heard no more OF the matter In any shape. /
| left here Aug. n, for visit of recreation to
| to the Solicitor General or any one else in Of
| hce about the matter and the next thing
/ upon this subject that came to my attention
was the telegram kindly sent me by the Times
! Democrat, Of New Orleans, to which have
| already referred and 10 which replied from
| Little Rock, that did rot kno that the use
/ of the name of the United States had been
| granted and that / had not granted any such
use.
| WHAT he EXPECTED.
This is all of my connection with the matter
| by commission or omission. After the inter
| view with the gentlemen already spoke Of
/ supposed tlab JheY WOul1 come To me with an
| application, after the statement ] had made,
| 10 either refer the matter to the Solicitor Cen
| eIa or to present it to you as the legal head of
| the Executive Departments OF the government
/ for your consideration. such was not done,
but an application was made to the Solicitor
| General direct, and he granted the request.
| Upon this state Of facts there IS great deal
/ or misrepresentation existing as 70 my true and
proper relations as Attorney General, 20 this
| whole subject. and think can correct that.
! The solicitor General, under the law
creating that office, Is not a deputy
| or assistant of the Attorney General.
THE SOLICITOR GENERALS POWERS.
! He is an officer OF the law. and acts as such
! by virtue Of commission from the people
| through the President, and not under the au
thOrity OF the Attorney General. In those
matters that come before him in the absence
/ or IN case Of the disability OF the Attorney
| General, to act, the latter part Of Section 3i7,
| Il. 5. says; ''In case Of Il vacancy in the Office
| Of the Attorney General, or or his absence or
| disability, the Solicitor General shall have
| power TO exercise all the duties OF that Of
| fee"
The disability here is mot limited 10 one OF
| physical ability 70 perform the duties, but has
| ference TO and includes that as well
as mental incapacity or incapacity on ac-
count OF interest IN the subject matter, and the
section would properly read, ''0r Of his abb
sence or being present inca9acitated TO act"
and in cases coming within this statement the
Solicitor General acts for himself.
NOT REsPONSIBLE FOR THE ATTORNEY
GENERAL.
He ia not responsible for tho Attorney
General. and the Attorney General can exer-
cise no control over his discretion. So IN the
case presented, being disabled or disqualified
from acting l as Attorney General, simply
"sat out" as it were, rs the reports show that
n justice OF the supreme Court, and OF other
courts does when he has previous 10 coming
on the bench or otherwise been connected
with q case before the court.
This independent character Of the Solicitor
General in matters OF this sort makes him
even q Cabinet officer in the absence Of the
states eX-departmenir, sec. 1888. Ana this
department has plenty Of evidence Of former
s0licitOr-Geucrals acting i'm tbs Cabinet
eral. 80 that when IL came 20 me that the Pan
Electric Telephone Company wanted 20 use
the name Of The United -thles % test the yal-
idty Of the Boil Telephone patent being
disabled 70 act upon o., as herein before stated,
10 act, whether 1 referred the matter 10 him.
or whether LETT the parties aa did % seek
him or any other remedy No best they could.
ABSENCE or 30 MOMENT.
Tho fact Of my absence is OF no moment In
this inquiry, because n / was disabled % act,
and here at tho Department ~ Justice IN per-
son, the Solicitor General could ret. rhN aD-
pears plain from tho reading of the statute
anc from The very character OF the orgauiza-
ton OF the Department Of Justice, as it is now
called, but aside from all this there are
plenty OF UrncGdenfg la the dguaItmeuts To