The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-04-20
GARLAND As A WITNESS.
THE ACKNOWLEDGEMENT ON THE
PAN-ELECTRIC.
How lie Came TO BE Connected With
the COmpany-His Relations
n Legal Adviser.


nouncement that Attorney-General
Garland was to appear before the Tel
ephone Inv stigating Committee
caused larger attendance than usual
this morning, and this fact, together
with the warm spring day, made the
atmosphere of the crypt-like room
where the committee meets very OPP
pressive. II was nearly three-quarters
of an hour after the regular hour OF
meeting when the At orney-General
appeared, looking pale and rather fee
be. With courteous salute to the
committee he Immediately took the
stand, and, on the invitation of the
chairman, began to make a sta ement
of his connection with the Pan-Electric
Company He wished, he said, TO lay
before the committee and reaflirm the
matter ntained in his statement to
the President on October 9Th last. In
addition he wished TO explain two or
three points of the statement. In
February, 1888, Gen. Atkins had said
to witness that he believed the Rogers
inventions were of great utility if
properly handled, and that money
could be made out of them. Being a
poor man Ike himself. Gen. Atkins
had desired witness TO enter into this.
~ told him, said the witness, "that |
had never undertaken TO make any
money except by law and poker-had
always lost at poker and generally won
at law. was willing TO go into this
if he thought it offered any induce.
ments."
Continuing, the witness said that
Senator Harris made substantially the
same statement about the inventions,
and two or three days afterward he
| (witness) had been introduced to Mr..
Rogers and his son at their home.
He briefly told of the organization
of the Pan-Electric Company, as de-
tailed by Senator Harris and other
witnesses, and then turned his atten-
ton to the application made TO him
to bring suit against the Bell Com
pany. 1t was an inference and not
fact, he said, that the Pan-Electric
Company had made the application.
| The inference was founded on two
reasons: First, that Col. Young came
with the other gentleman lin the latter
part of july, and witness knew him
to be secretary and treasurer OF the
Pan Electric; and, second, because
witness had, on May 25th, received
letter from DIR. Rogers, requesting suit
TO be brought as stakeholder of the
company. Coupling these facts to-
gether, witness took it for granted
that the Pan-Eectric made the appli-
cation. 1t was simply an inferenc ,,
and no name had been mentioned.
Witness had treated Dr. Rogers's let
ter as personal, and he knew Rogers
had no authority to make the APP
plication, that such an application
must bone from the president OF
the company. Therefore the letter
bad remained unanswered and per-
sonal paper and had not been fled In
July Van Benthuysen had presented
his application for a suit, basing it on
the law which, he stated, had been
passed at the last session of Congress.
The witness had heard of the law be-
fore that, and had had some search
made but could not find the act. The
app ication, however, was so well
written and apparently set out the
passage of the bill so positively that
! witness felt that there must be some
mistake, and that the bill had become
law. The application had been re-
ferred by witness to the Interior De-
partment, where it should have gone
in the first instance, and witness had
heard no more of it until it had been
returned last January with the other
papers. After receiving Van Benz
thuysen's letter witness had set to
work TO examine into the matter, for,
| though he had no intention TO that
effect, he was satisfied oUher applica-
tons would be made. Looking over
the authorities he had concluded that
he could not order suit, and when
the gentleman came Van Benthuysen,
Young and others) he had determined
he would not touch it at all under any
circumstances. When witness was
still in The Senate, Senator Plat had
come to him one day with the bill to
authorize government suits, and had
asked his opinion OF it. Witness had
looked it over and said he regarded it
as unnecessary, that ii would do no
good. That was all he ever said or
heard of the bill until il had been
brought to his attention through the
application, In the early part OF the
fall Mr., Humphreys of the Globe
Telephone Company had called upon
him at the department about the APP
| plication. 81 thought he was going
| to lump over on me- said the wit
ness. Humphreys had insisted that
he (witness) order a suit, and had said
! it was very curious that because he
| (witness) was in another company that
his (Humphreysl rights should be
disregarded. ale got mad because l
would do anything about it," said
witness, "and we parted, not with
mutual respect and admiration at all "
Witness denied that he had ever
given an o inion about him The
opinion he had given, and the only
opinion, was to the effect that the Pan
Electric inventions were not infringe
ments; that they were Improvements
upon telephones; that they we're diff
ferently patentable, well recognized
principle. While a stakeholder he had
been very direlect in attending meet
ings for the reasons that the place of
meeting was inconveniently situated
and that they were held at night, when
witness rarely went out of his house.
Although witness was attorney for the
company, yet Mr.. Young and Senator
Harris usually drew up the legal
papers, and when they were referred
TO him witness made such alterations
as seemed - be necessary. These
papers had been submitted to witness
in the Senate Judiciary rom, but it
was a MISTAKE to suppose that any
board meetings had been held in that
room. Witness was satisfied that he
had never attended a meeting of the
company since the last Presidential
elect on.
Turning his attention to the order
ing OF the Memphis suit, the witness
said that he had arranged to leave
Washington August 9th q d spend
the entire month of September at his
home in Arsarsss. de had chosen
that time because he had iouGd Sep
TENDER the best best month TO he out
! al ANoubfr,f,v a.d k.,,,.e. 10 Gould