The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-04-20

turned TO Washington about October
Let, and when he called at the White
House the President had told him the
Tapers were speaking Of the case,
whereupon be had made the explana-
ton that had been published. Wit
ness had never opened his mouth to
Mr.. Goo1e about it, because So
licitor Goode, ,uDder the statute, was
Perfectly free and independent, ard
witness had no more control over him
in his (witness's) absence or disabil-
ity than he had over gentlemen in
Congress. He had never up to this
time spoken to Mr.. Goode about the
fret suit or the one alleged to be
pending. Mr.. Goode had spoken
something about the counsel and the
pra;tice OF the government in dealing
with counsel. He did not know what
was in the hill; had never seen the
papers on which the suit was predI-
Gated, and had never talked with
Secretary Lamar or the gentlemen
who had sat with him. He had even
declined to talk with the President
about the suit. One OF the gentlemen
in Secretary Lsmar's department, Mr..
Zach Montgomery, an old college
friend, and appointed at his solicita-
tion-had declined to sit in the case,
because of his friendship aud old &c.
quaintance with the witness He had
seen some notice now and then
"about Garland being the recipient OF
a block Of stock by way OF a gilt" OF
course there had been no gift about it.
As to the question of propriety, there
was no more improperly in his posi-
ton II an in the case Of gentlemen
holding railroad stock sitting in Con-
gress, or Congressman going over to
the Supreme Court to practice for
money. 1t was legitimate business,
and witness had never dreamed OF any
legislation being Rssed. His only re-
greet was that it chad no PANIED out
better" II any question had come up
in Congress connected with the COM
pany be should not have voted on it.
He had recommended DR.. Rogers and
his son to Messrs. Cox and Hewitt be-
cause he regarded them as very COM
petent men in their lins. Witness
had talked with Architect Clarke
about Harris RogeTs's application for
appointment as House electrician and
about putting in the Rogers tele-
phones, but after consultation with
Senator Edmunds, the President pro
tenn OF the Senate, Mr.. Clarke had re-
fused TO make the appointment.
The Chairman inquired if witness
regarded the stock as gift.
He replied in the negative. Five OF
six persons had come together for the
organization of company, and they
had made assessments, the first move
being to give a note for $4,000, which
was followed by assessments OF $50 OF
$l00 each. He did not regard the in
ventions as having any marketable
value; the company was to establish
Il cir utility and put them on the mar.
ket
Chairman Boyle-Did you contem.
plate using your official position for
the advantage Of the enterprise?
Witness-Not at all. If l had been
a private citizen l could have done
much better than when in office. He
added that he had no more idea OF
using Official influence than OF Jump
inc into the Potomac river with mill
stone around his neck. The company
was simply an undertaking by half q
dozen impecunious gentlemen. They
had never tried to boom the business
and scatter the stock upon the coun-
try, at least he had never heard OF it.
The Chairman asked why the wit.
ness wanted TO put telephones in the
Capitol. e.I.
Witness replied that they wanted tc
exhibit their instruments TO the pub
lie; it was not intended to bring them
before Congress. l,
In answer to question by the
Chairman, the witness said he had
never had a patent case in his life.
Mr.. Hall inquired of the witness his
understanding OF the reason for refer
ring applications to the Interior De-
partment. .
He replied that it was simply for
information, and such suggestions ~
they might see proper to make in tbs
premises. 1t was advisory, of course
Recurring to his vacation, witness
said that, believing that Mr.. Goodt
would not return in season, he was
about TO send for Mr.. Maury. Under
the statute, Mr.. Goode had the righ
TO act as well in his (witness) absence
as in his disability, and he had ex
pected when he had refused to enter
tain the application that the gentle
man would 90 at once to Mr.. Goode
He did not know that they would fol
low that course, aud had not sug
gested it. He had gone to his homC
at Hominy Hall, Ark, leaving instruC
lions to send no departmental letters
to him. The house was fifteen miles
from Little Rock and seventeen miles
from anywhere else.
Mr. Ranney took up the examina
tion ut this point. He inquired whether
witness regarded his stock as a pur
chase, as he had said it was not gift
Witness replied that it was not pre-
cisely purchase. 1t would be diff
cult 10 define it in one word still, TAX,
log the assessments into consideration
1t might be called a purchase. He wat
$500 out by the assessments,
Mr.. Ranney began an inquiry into
the contracts of the company, but wit
ness knew very little about them.
Mr.. Ranney wished to know to wha
extent he had acted ss counsel for the
company.
Witness replied that, as he hac
stated, he had looked over the lega
papers brought by the others, but haC
no; performed any other duty as 81
attorney. ..l
Mr.. Ranney took up the legal phase
OF the case, and examined the witoes
at come length as to his understand
ing Of the issues in the Dolbear Dial
baugh and other cases.
The witness had never understood
from the case he had read that any
thing more than the question of in
fringement had been decided in eect
case. He never understood that the
issue was Bells broad claim of the ar
Of telephony.
Mr.. Rsnney asked the witness why
feeling that a party had right to b'
heard, that they should not be de
prived Of the right and the duty devolv