Savannah morning news. [volume] (Savannah) 1868-1887, 1886-04-06
GOoDE ORDERS THE SUIT.
The Solicitor Gener4 on the TelephOu
II ack


WASHINGTON, April 5.-Solicitor GEN
eral John Goode appeared before the tele-
phonic investigating committee this af-
ternoon, to tell what he knew of the cir
cumsUances leading up to the institution
Of the Memphis SUIT.
He said that he had been appointed to his
oiuce ny he President, upon the recOmmen-
Qailon OF Attorney General Garland, and he
ola NOT Deheve that senator Harris or Messrs
Alhlns, Oung and Gen. Johnston had any
thlhg To DO with his appointment. The At
tOfney General left Washington on Aug y,
On nus vacation. and on sept the witness
had received the application of District At
torney McCory, of Memphis, for perm ssiou
TO bring suit, which he (the witness) had act
ed upon in a routine way.
NEVER MENTIONED BY GARLAND.
Attorney General Garland had never men
TONED the Bell or Pan Electric Company to
the witness until after his return from his va
cation IN October, when the witness had in
troduced the subject to him. having seen it
mentioned in the public press. the witness
did not know that Mr.. Garland had any in
terest III the Pan Electric or any other tele
phone company until he saw the newspaper
publications.
The Chairman asked if the witness had
ever converted with any person prior TO the
Application about telephone matters.
lie replied that he had not even thought OF
the subject until the visit of Messrs. Harris
and Young. Upon receiving Mr.. McCory's
application the witness had examined the
papers, and spent day and night in oOnsid-
erlng what he regarded as the only points in
the case First, whether the Department had
wy wy power TO oFueT the SUIT, anu, second
whether the papers presented made out
pTma facle case.
NOT GIVEN PRECEDENCE.
He had not given the application special
precedence, and no one had requested him to
DO so. The order for the suit authorized Mr..
McCory to associate with him Messrs. Gault,
Young, Beckwith and Wright with the dis
tinct understanding that the District Attor-
ney was to awe absolute control of the suit
under direction of the Department of Justice,
and no obligation was to be incurred for the
fees OF associate counsel. The witness did not
known that the gentlemen named were the
counsel or attorneys for any telephone COM
pany.
II did not know of the existence Of the
Pan Electric or National Improved Telephone
Companies" said the witness, II knew very
little of telephone companies" When Attorney
0eneral Garland returned after his vacation,
the witness had told him that if any mis-
take had been made, or any wrong done, he
would be responsible
GARLAND'S INTEREST UNKNOWN.
The witness did not know until that con
versatiOn that the Attorney General ha any
interest In the telephone company, The wit
ness had felt it due to the Attorney General
to make the same statement to the President,
and had done 50. The first suit had been or
ttTEu at N1bIUplls DbGdusG bltt llSLElCb AbtOI-
ney there had made the application. Tho
witness did not know until the Attorney Gen
raj returned that Mr. benthuysen had ever
filed an application to have a suit brought.
At the suggestion of the President the wit
ness had directed Mr.. Mccoy to discOn-
time the Memphis suit
The Chairman said as there had been many
newspaper statements touching the Colum
bus suit the committee would like TO hear the
reasons for bringing the second suit at that
place.
WHY COLUMBUS WAS CHOSEN.
The witness replied that many places had
been considered, inc uding Boston, Washing
ton, Memphis and St. Louis.
1--WE concluded" said the witness, "that it
would be better to bring the suit in Columbus
because there had been no decision in the
courts at that place bearing upon telephone
suits while in some form the question had fig
uredin every eastern court We thought that
in Columbus we could get perfectly impair
tial, fair tribunal and forum where there was
no precoonceyed opinion in regard to the
NATTER"
The witness remarked that he
wished TO state that he did not know
ANYBODY interested in any telephone COM
pany, He had no stock in any company, and
did not know any stockhOlder in telephone
company. Itwas due to everybody connected
with the government to say that they had
but one purpose in this matter, and that was
to have faIr and impartial trial of this case.
FEES OF THE COUNSEL.
In answer to a request to state the amount
of fees to be paid special counsel, the witness
said that Mr.. Whitman was to receive q fee of
$3,000 for the entire case, and The firm Of Hun
ton & Chandler 5000. Mr.. Thurman was TO
receive goo, with the understanding that
his future compensation was to be fixed after
the suit. Hecould not stipuate in advance
what his fee would be, but he had said: II
have never g0uged the government and do not
propose at my time Of life TO begin" Mr.
LOwery, who occupied an exceptional
position in his capacity OF electrical expert
was to receive q retainer Of $1,000 and per
diem of $40 when in New York taking testi-
mony and 500 when called upon to leave that
city. five hours being called day. No tele-
phone company had offered 10 furnish assist
ant counsel in This case free OF cost to the
govern tnent. The witness understood that
the Bell Company had retained a corps of The
most able lawyers in the country to defend
this suit, and reg rdod II as his duty to see
that the government suffered ne detrlment
from want OF council able to meet such OppO-
stiOn. He was Ger ain that the fees agreed
upon we're reasonable, and that such men
could not be EN- mDloyed in like service by indi-
viduals on more moderate terms. The COM
mittee then adjourned until tomorrow