The comet. (Johnson City, Tenn.) 1884-1916, 1886-02-18
THE TELEPHONE SCANDAL
What - 'sennessee Repu blican
Says AbOut Ia.

Within the last year number OF
Inventions for alleged improvements
in the art Of telephoning have been
patented. Among others system
styled by the inventor the Pan
Electric was patented by a
citizen Of your state named Rogers.
At the very threshold OF his enterprise
Rogers found himself confronted by
one Of the most powerful corporations
in the country--the Bell Telephone
Company. Rogers had neither fame
nor fortune to back him in the une-
quail fight. He sought aid. He dis.
tributed his stock among men who
could aid him, He enlisted the Hon.
Casey Young, Senator. Harris, Sena-
tor, now Attorney General Garland,
and others.
How much these gentlemen gave
for the stock, or whether they gave
anything is a matter of which / know
nothing, and care a great deal less.
Rogers had a perfect right to dispose
of the stock in any manner he saw
proper; and no legislation on the sub.
ject was either probable or possible,
these gentlemen had as much right to
own it as to own shares in o manu-
featuring company or mine. They
had attained their eminent positions
by virtue OF superior talents. They
had perfect right 10 invest their tai
ents and regulations in an enterprise
which they believed to be honest and
and profitable. The mechanic works
for the highest wages he can get; the
preacher hears the voice OF Providence
in the call that offers the highest sal
ary the physician charges the ad-
ministrator all that the undertaken
has left him able to pay. OF all the
professions, the lawyer is about the
only man who works from purely
philanthropic motives.
Seriously, there is not thing in
this great telephone scandal" that
smouts to hill OF beans. am not, as
you know, in sympathy with the I'd.
ministration, of which Messrs. Gar
land and Lamar are members, but
do think that the attacks made upor
them by t.e nlEspapers in the inter
est Of the Eel Telephone Company
are unfair, to say the least Of them
& 1t anticipate, for | have not yer
told you tle connection sustained b,
the last named gentlemen to til,
great scandal" Well, you knew, or
as newspaper man, are supposed tC
know, that there is another telephone
company known as the National I'm
proved; belive that is what thel
style it. This company short tim,
since preferred charges to the effec
that the patent issued to the Bel
company WAS obtained by fraud. 1t
therefore, asked the Department o
Justice to institute proceedings to va
cate the Bell patent. In order to un
derstand why this application wa
made to the Department Of Justice i
may not be out OF place to explain tn
nature of this character OF proceeding
A patent gives to the patentee the ex
elusive right to make, use and sell tn
the patented machine. The only forr
in which this right can be drawn i
question by private individual is
proceeding for infringement brough
by another patentee. What | mea
to say is, that no single invidual ca
) OF his own motion bring suit to VI
: cate patent on account OF fraud c
irregularity i'll its issue. This is
: question between the patentee an
the public It large represented by th
( Executive. Patents are granted b
the Government; and if wrongful
3 granted they work such q publ
wrong as to make it the duty OF til
= Government to set them aside. Whe
n I say that no individual can maintai
4 a proceeding of this character I mea
g of course to include also corporations
for corporations are but artificial pc
sons. The National Improved Tel
O phone Company could not bring 8
!. action for infringement against II
Bell Company, for there was no SO
OF ground for such action.
THE ONLY POSSIBLE MANS, i,
therefore, Tor testing the validity
:, the Bell patent was for the Cover
ment to bring the action. The ge
tlemen representing that corporatlq
q therefore, appealed to the Departme
It Of Justice to brig the suit, submit
ting ut tho san, time evidence to ST
~ tuir their view Of shs case This "
~ done i'll the absence Of Mr.. Garlan
~ Mr.. Good6. he Solicitor General, vi
in the ahaerce OF the Attorney Gene
al 10 the acting attorney general, (
10 rscted the United STATES District 4
:" torney at Memphis, Tenn, to institu
~ this suit. Mr. Goode made a mista
liz net first submitting the matter
=, | tho Caor.turv ~ tbn Intar,nr