New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-04-14
DISAPPOINTMENT FOR GOODE.
RANNEy,s VIEW OF GARLAND's POWERS
TWO MINORITY REPORTS on GOVERNMENT soiiS
TO ANNUL PATENTS.
ley TELEGRAPH TO THE rRIsoSEi

TWO MINORITY REPORTS on GOVERNMENT sCiIs
TO ANNUL PATENTS.
ley TELEGRAPH TO THE rRIsoNEi
WASHINGTON, April 13.-The views OF tue
minority of the Judiciary Committee on the resolution
designed by Democrats to assist Mr. Garland In ans
ing the criticisms upon the action OF his DeI aI'o "
tho Pan Electric matter were submitted TO the houso To-
day nv A. x Parker, the New-York memper Vi '"o
committee The statement Is signed py neS'i'' aA0'
f. D. TAYLOR, Hepburn and Caswel. Ai'ei "" oA"""'
tive review OF presidents, the FOLLOWING 0o"''' -"
! found: - , . uo..n.
20, an invention or dIscoS cry suit between private
the srGund nat an Ih Sser Of Se
surreptously by or npon raise susgcs'on uoo' no
second-That the public interests require that
authority should exist In the Government under proper
restrictions to bring suit In the name OF the chted
States 10 repeal and annu any such patent so OBJ ned
ThId-That under the statutes aud decisions OF the
United States 1t ia matter OF grave doubt whether
authority new exists permitting suit by the United
States to snnul patent obtained as above stated ,
which doubt only be determined by decision OF the
court OF last resort. . ,.,,s
FourthThat In case It shall be authortative,y decided
patent claimed to have been obtained by fraudulent
Collision with officer o. thu Governn emit or suriep
officer OF the Government acting upon his own motion.
or at his Measure attack in the name and at tho OK
pense Of the United States any patent now IN ne or
limit atons except such shall appertaln 10 lualcla
procee ines alter the suit is begun-t power ana
T TesRqrsOiy that congress 'nOu' i'''' D'1'
Fi'th-That fr case It shall be decided that no
auth exists the OF oincer or DepatelI
OF the institute such suit, II IA equally the
duty OF Congress to establish and limit such power
The enactment OF bill is then recommended con-
felring the necessary power upon tho Attorney General
to bring snt at the request OF the Secretary OF the
interior in which no Issue shall be eated that can he
determined In private suit.
Messrs Eanuey and stewart qualify their approval
Of the vie OF the minority follows:
We are OF the opinion that the first question pro
pounded is properly answered In the negative. that there
l. authority in the OF tho United states
brought the prrpCse Of Nacating patent Tor an
invention except when Is based upon state or facts
which cannot be regarded by the court and made avail
able In al infringement suit aud that in no case can tho
name OF tho Government be properly lent TO suit In tho
interest only OF private parties Ii Is question wbish
admits OF grave doubts whether IN the atsence or any
statute providing for H. such suit can he brought Hnd
matt taned AT all Tho question cannot be regarded 90
decided ly the United States supreme Court ana the
decisions in the Circuit Courts conflicting ON tIAt
point the better doctrine 10 be that patent
FOR an he vacated in suit brought by the
G0verm in tho interest OF the general public, when
obtained sgrreptitously or ny fraud 70 lar ~ tnl7
md 10 this extent only in the report or the
uaInrify aud We Join in the report OF the minority
except far the qualified BY what We have
said above.
In his testimony before the Pan Electric Committee
John Goode referred several times to the report OF the
Judiciary Committee in relation to this subject and said
that Mr. Ranney had agreed TO 1t. PROBABLY lie will bo
disappointed when lie ascertains exactly what Mr..
/ Ranney's opinion Is.