New-York tribune., 1886-02-24

the ALNl1ltn Congress authorizing tne Attorney
General to bring suit to vacste patents upon the spp
cation Of sny citizen The conference between Young
and Van Benthuysen held on July g. 1885. and on
July IL the addressed letter to the Attorney
General IN which be said
Respectfully request you will suit against
session Of Congress- informed, making 1t incum
bent to proceed against patents Issued fradu
lently or having raudueht ciahs ~ tue request Vi
any citizen.
Mr.. Van Berthuysen then set out briefly the reasons
Of his complaint and asked that the suit be brought be-
fore United Court Judge Hammond at Memphis,
Tenn. His letter received at the Department
OF Justice on July ID. and Mr.. Garland in
that IL had been referred the Interior Department.
1t should have been sent In the first instance
The Rogers application OF May "a not so referred
and efforts obtain copy OF 1t from the Department OF
Justice have failed. Fortunately copy was retained
by DIR. Rogers.
Mr. Van Benthuysen and his Pan-Electrlc allies
| became Impatient, for another Bell suit was due In
Baltimore september Is. There was no delay at the
Department Of Justice On July IA Mr. Garland wrote
To Secretary Lamar as follows:
have the honor send you for yonr consideration
aud expression of views thereupOn lrtter
Of tue l2tn Instant from Mr. Van nlhuys u ASK ny Tue
institution OF suit against the Boil Telephone patent.
Please return Mr. Van Bonthuysens letter Win your
reply.
On July Is letter referred TO the Commission
Patents for report He seemed TO be IN 40 hurry
Van Benthuys-n arrived in Washington on July % and
called upon Mr. Garland the matter Three
days lser. conference with tue Attorney
General at which 5ecro Young. ot the Pdn-EIectro
Company was present. aud after gep,ated confer
ences with the Pan Electric people Mr. Van Be1thnySen
his attorney, Won Breson tn the Commissioner OF
Patents to hdraw the letter of July H. Commis
Montgomery la irregular sort OF way snrreh
document after placing the following indOrse
ment upon the official rrcord:
by request of writer and on assurance that 1t IS IN
paper IL returned To sunn writer without report
IRE UNDt tR,rANDING WITH MIX. GARLAND.
This Endorsement Is most Significant ana Important
because II shows pretty cOncusVey that an uhder-
standing had been reached with he Attorney General
that further proceedings would he taken without regard
to the Department. the Interior, TO which, according
| to Mr. Garands letter OF July a. the Application
'shoud have been presented originally" The under
standing been with Mr.. Garland hinseIf ue
Mr. GOode. At that tIme, on the Pa'nc Coast
aud IL muse been definite. because wlthln forty
eight huurs Pdn-Eleetnc stockholders In Washington
bad that Su' would he begun Oy
the Government against the Bell Company These as
gwen after Application for tho SUIT had
been withdrawn. Tue Attorney General had solrnnly
informed Van Benthuysen. Young Co.. that he' being
n party interested, could not authorize SUIT !;
whereupOn they took their hats and HE'D
out. withdrew their apple, ton from the
the suil would ue brought Garland had left
| town and GOode he helm. GOode returned on
August 10 Garland turned over his Otco to Go"de tenn
porary on August 26 August 26 III tue Office Of the
United stats Attorney 1T Memphis. TeDn was hled TIE
memorial against tho Bell Company. ON August 81
/ the Di-trict-Attoruey recommended the bringing
OF the suit, aud bis recommendation reached MT
Cooe on the morning Of septom =. when lie was ELL
gagged N the pleasant task of entertaining In his office
two Of Nj. Gtrlaud's associates IN the Pan Electric
speculation. United States Senator Harris ANA casey
Young. Tnry we're knd enough Ia "coach hlm as 10
his duty the premises, ana full and cogent we're
their facts ana al rguIucnt- that scant t~entyour
hours h. rendered decision IN fav0r Of the Pam
Electric Application. Ihis was September s. and ON
: ptrmbrr Colouei Young to j. Harrs Roger AS
| follows:
". have secured nll va expected or wished and we
will a,on procr-d utze; nut nothing must De sald
anout f,r "A Ittle wntle yet
These facts seem prove that there was an under
standing bel wreu Garland and his partners that the
suit should bcguu by his subordinate. and that the
urirr should uud until after the Attorney
rrsl had lett Washington and got beyond reach OF the
teirgrdpn.
soico General Goode said today that nothing had
yet been srto regard u the time aud place OF III
ug the .uit ain-t tno Bel Telephone Company IL ia
.xpctod however hat pro oedngs Will Oo Instituted
before the close ui the present week.