Los Angeles daily herald., 1886-01-15
THE BELL TELEPHONE.
A Letter from secretary Lamar
ON the subject.

on the SUBJECT.
wAsHISoToS, January l4.-Secretary
Lamar this afternoon sent to Attorney
General Goode letter containing mis-
conclusions upon the proofs and argu
ments submitted touching the validity Of
the Bell telephone patent Of March I
1875, in which he says in part; "Peti
TONERS upon the grounds and for the rea-
sons set fourth in their petition ask the
Department Of Justice to cause or allow
appropriate legal proceedings to be insti.
tuted in the proper court by the govern
msnt or in the name Of the government
on their relation to vacate and annul tha
Bell telephone patent Of the 7th Of
March. 1876. The government is asked
to institute Judicial inquiry as to the
patent Of the Bell Telephone Company
upon the allegation that such patent was
obtained by fraud by the patentes, with
colsusion. or by inadvertance or mistake
Of the executive officers Of the govern
ment. II these allegations be true a
great wrong to the whole people rests In
the name and is sustained by the power
of the United States. To say the govern
mentinhicts wrong would seem to imply
that somewhere among its resources the
government would have power to re-
dress it. II two patents issue for the
same invention, one Is certainly wrong
ful. IL the other is rightful, the whole
interest in the question as to which is
rightful is confined to the two patentees,
aud private legislation will secure the
needed remedy in determining whe has
the right patent, as between the rival
claimants. II, however. there is only
one patent. and it has been fraudulentiy
obtained, to the exclusion OF one really
entitled to be patented, or IL patent
has been issued for something not pat.
sntable. an invention already belonging
to the world, II becomes the duty, as
we'll as the right Of the government,
when Of sufficient public Importance, to
actively seek its cancellation, because
private legislation is not the possible or
adequate remedy, and because the whole
people are wronged without any other
mode Of relief. Tho patent bears the
great seal Of the government and only
the government can ask to have the seal
torn off. The grounds of invalidity
alleged against the Bell Telephone pas.
ent may be substantially summarized
thus:
First-The patent was procured by
fraud of the patentee through the collu.
sion or mistake OF the officers OF the
Patent Office, and in violation Of the
rights Of the caveator named, Elisha
Gray.
Second The invention patented was
not patentable, because already public
These allegations describe the coca.
sions in which the government, upon my
view. ought to actively interfere for the
cancellation Of tho patents. The ques-
ton is whether enough has been shown
upon hearing to require the submission
OF the matter to the Court atthe instance
Of the government. Such case Is pre-.
sented as / think onaht to undergo a
thorough judicial investigation. In 9
case involving such questions it seems
to me especially imperative upon the
government. as duty to it,
own officers to vindicate or condemn,
and as duty to the people to set on
foot and follow up complete investiga
tion. In my opinion all proceeding.
should be in the name of and wholly by
the Government; not on the relation, or
for the benefit OF all, or any, Of the pc
fitioners, but in the interest of the Gov
ernmsnt and people. and wholly at the
expense, and under the conduct and
control, Of the Government. think II
should be instituted at such point and
in such court as will best subserve the
purposes of the public convenience, and
full inquiry Of such proceedings SC
conducted will, as think. compori
with the dignity Of the Government and
the gravity Of the subject. aid win in
sure final and Just adjudication Of the
merits Of the controversy.
Very respectfully,
q q I4Aaa