The Indianapolis journal., 1886-01-15
The Department of Justice Ordered to Bring
Suit Against the Bell Company at the
Expense Of the Government.
Republicans Stand Aside and Take No
Part in the Fight on Cleveland.
Judge Moody's Efficient Work in Behalf of His
Dakota Constituents-How the Working
men Can Be Best Served by Congress.
THE TELEPHONE PATENTS.
Secretary Lamar Orders Suit Begun Against
the Bell COMPANY.

secretary Lamar orders Suit Begun Against
the Bell Company.
WASHINGTON, JAN 14.-Secretary Lamar this
afternoon sent to acting Attorney general Goode
letter containing his conclusions upon the
proofs and arguments submitted touching the
validity Of the Bell telephone patent of March Z,
1876, in which he says, in part:
THE petitioners, upon the grounds and for
the reasons set forth in their petition, ask the
Department of Justice to cause or allow appro-
pirate legal proceedings to be instituted in the
proper court by the government or in the name
of the government. on their relation to vacate
and annul the Bell telephone patent ofskhe 7th
OF March, 1876, in the petitions specified. In
order to know what suggestions | should make
as to the action of your department on these Pc
titiOns, have heard the oral presentations of
the case, and have considered them again upon
the proof and the able arguments of counsel as
they appear in print / thought that my own
consideration should be directed to two questions,
and to meet these questions requested that the
arguments of counsel should be SO shaped.
First Has the government the right to insti-
tute such suit for such purpose2
''Second-If it has such right should the pro-
ceedings invited in the respective petitions, or
either of them, be instituted
THE first of these questions, specially within
the cognizance of your department. as it is has
the Affirmative answer of numerous precedents
in that department, and has received like
affirmative answer from the courts of the United
States. If it had not been thus authoritatively
settled. / should, on principle, have reached the
same conclusion. The government is asked to
institute judicial inquiry to the patent of the
Bell Telephone Company, on the allegation that
such patent was obtained by the fraud Of the
patentee. If these allegations be true, great
wrong to the people rests in the name of the
United States. To say that the government in
iicts the wrong would seem to imply that, some
where among its resources, government would
have the power to redress it. The argument
against the prayer Of the petitioners does not
controyert this, but rests upon the theory that
the government has provided remedy which
excludes all other modes, and therefore precludes
further governmental action.
Under our government a trust never fail
Tor want or a trustee, nor can a fraud, mistake
or accident in business transactions escape in-
vestlgatlon for want of a tribunal while the
court of equity is maintained. If patent ought
to be vacated it can be vacated there, but the
patent bears the great seal Of the government,
and only the government even there, can ask to
have the seal torn off.
my second inquiry was as to whether, the
right of the government existing. the proceed
lngs invited by these petitioners, or by either of
them ought to be instituted. The grounds of
invaldity urged against the Bell patent may be
substantially summarized thus
"First-The patent was procured by the fraud
OF the patentee, through the collusion or mistake
Of the officers of the Patent Office, and in viola
ton Of the rights of caveator named Elisha
Gray.
''Second-The invention patented was not
patentable because already public. These alle-
cations describe the occasions in which the gov
ernment upon my view, ought to actively inter-
fere for the cancellation of patent. The issue
before me lies outside of the ultimate merits of
the case as a subject of judicial investigation
AS to what the final judgment should be, have
not felt called upon to form, and, if had
formed would not express, an opinion. The
question is, whether enough has been shown
upon the hearing to require the submission of
the matter to the court, at the instance of the
government. Such case is presented
as. / think, ought to undergo
judicial investigation In my opinion,
the proceedings should. be in the
name, and wholly by the government not on the
relation of or for the benefit of ALL or any Of the
petitioners, but in the interest of the govern
ment and the people, and wholly at the expense
and under the conduct and control of the govern
ment think it should be instituted at such
point and in such court as will best subserve the
purposes of public convenience and full inquiry
Such proceeding. conducted, WILL as think,
comport with the dignity of the government and
the gravity of the subject. and will insure a
final and just adjudication of the merits of the
controversy. Very Respectfully,
III. O. G. LAMAR"