The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-04-06

had anything to do with his appointment The
Attorney general left Washington on Aug 81. on
his vacation, and on Sept. witness had received
the application of District Attorney McCorry, Of
Memphis, for permission TO bring suit. which no
lwitnessl had acted upon in the routine way
Attorney general Garland had never mentioned
the Bell or Pan-electric company TO the witness
until after his return from vacation in October
when the witness had introduced the subject to
him, having seen it mentioned In the public
press. The witness did not know that Mr.. Gar
land had any interest il the Pan electric or any
other telephone company until he saw the news
paper publications.
The chairman asked il the witness had ever
conversed with any person, prior to the applica-
ton, about telephone matters He repled that
be had not even thought OF the subject until the
visit of Senator Harris and Mr.. Young. Upon
receiving McCorTys application the witness had
examined the papers and spent the day and
night in considering what he regarded as the
only points in the case-frst, whether the de-
partment had power to order suit, and second
whether the papers presented made suit primA
facie. He had not given the application special
precedence, and no one had requested him TO do
SO. II did not know of the existence of the Pan.
electric or National Improved telephone COM
panies," said the witness; II knew very little of
the telephone companies Continuing, he said
he had followed the practice of the department.
in ordering the suit land there had been ten or .
dozen such cases on record) except in one par
ticular. 1t had been customary to refer applica
for any information that the files of that depart
ment might show, or any suggestion they might
wish to make The witness did not follow that
practice in this case, because the papers sub
mitted included the file wrapper and other mat
tiers touching Bells application for patent,
so that the witness did not blieve it neces
sary to refer the application. as he had
all the information the Interior Department.
could give. The witness did not be-
leve that the custom of the Department of
r sfic bod hcnu riaht 20 wafo
ring applications to the Interior Department.
When Attorney general Garland returned after
his vacation, the witness had told him that If
any mistake had been made or any wrong done,
he would be responsible. The witness did not
know until that conversation that the Attorney
general had any interest in the telephone com
pany. The witness had felt 1t due to the Attor
ney general to make the statement to the Presi
dent and had done 30. At the suggestion OF
the President, the witness had directed McCorrv
to discontinue the Memphis suit
The chairman said that there had been
many newspaper statements touching the CO.
lumbus suit, the committee would like to hear
the reason for bringing the second suit at thai
place.
The witness replied that many places had
been considered, including Boston, Washington
Memphis and ST. Louis I'VE concluded said
the witness. ''that it would be better to bring
suit in Columbus, because there had been no de-
cision In the court in that place bearing upon
telephone suits while in some form the question
had figured in every Eastern court. We thought
that in Columbus we would got perfectly fair.
impartial tribunal"
The witness remarked that he wished to state
that he did not know anybody interested in any
telephone company; he had no stock In any COM
pany, and did not know any stakeholder in
telephone company. 1t was due to everybody
connected with the government to say that they
had but one purpose in this matter, aud that
was to have fair, impartial trial of the case. In
answer to request to state the amount of fees
to be paid the special counsel, the witness said
that Mr. Whitman was to receive q fee of S., 600
for the entire suit and the firm of Hunt 81
Chandler So 1000 Mr.. Thurman was to receive
81 900, with the understanding that his future
compensation was to be fixed after the suit He
Mr. Thurman could not stipulate in advance
what his fees would be, but he had said. Il have
never gouged the government, and do not pro
pose at my time of life to Begin MIR. Lowry
who occupied an exceptional position in his ca
pacity of electrical expert, was to receive re-
tainer of $1,000 and per diem of $40 when in
Now York taking testimony. and 800 when
called upon to leave that city, five hours being
called day,