The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-10-10
A STRIKING SCENE.
Thurman Before tho Supreme Court
Tho First Lawyer to Address tho
New Chief Justice.
A Dramatic Episode IN tho History
OF the Court,
The Case Of tho Government VS..
tho Bell Telephone.
synopois OF tho Arguments OF Judge
Thurman and Othcrs-A Very
Fine Point OF Crnsutu-
tioall Law.


uoaal Law.
WNsWNgrov, Oct 0.-Thc marblc.faced
clock that stands just above the American
eagle, which HpouhyI over the chair Of
the chief justice OF the supreme court. as
II to sec thai Justice Is nuly administered.
marked l2O} o'clock today when the court
crcr arose and announced "ch.ci justices
and associate Justices OF the supreme
court As the audience rose and re.
manned standing inside until the Justices,
| preceded hy Marshal Wright, dlpd tn their
seats ou the bench and the court was
open Tor regular business The space in
the courtroom allotted 90 Ia, general pub
lie WIS crowded To it3 iuIl capacity at this
time in anticipation OF Judge Thurman
making the opening argument ior the gov
crnmnnt in the Bell telephone case. aud
every seat reserved lot members oi the bar
vas occupied, but mostly with Washing.
ton lawyers
Judge Thurman, who had arrived q few
minutes before T. O'Clock, Wa, seated nj
the center table facing the court. half
dozen law h'Dksin front ul him NhI- side
WIS suiriturGanuml jerks. who brought
the suit of the government against the
Bed company, while Mv,srs. Jcir Chuud-
| lvr, of II, Louis, and Mn. &. SuuWbrdgc,
/ ul Philadelphia, also government counsel
/ in this ease, were only % few feet away. 1t
/ the table uu the right sat thc attorneys Tor
I the lio.l company, M,,,rs. Sturpw aud
lgh,ruu. who have been connected with
the litigation IN which thr telephone com.
uIuy lee, huyu Involved. la low tono
ol voice hardly audible few feet away,
Chief Justice Fuller announced that mcL-
huu 10 thy bar would be- admitted 10 pric-
tiyn, and thrro or four gentlemen Wcro
sworn in. The chief justice then an
uUuurDi that motions were IN order, aud
senator stewart aud " Others entered
motion, boz several eases of no general in-
tyrust These Chict Jusiic Fuller dis
passed Uf after brief consultations with
Justice Miller, who sat On his right, and
then, in low tone 81 voice, but with m
enumeration so distinct that each syllablo
could b. plainly heard, hc sll
I'll there are 40 further motions. ease
40 $50. the United States a-liuF tho
N,nsncaN i..A ryicphuue company, '-,N
Ia called" Counsel are prvHcnt, said
| Mt Mckinney, clerk ui the court, and
! S1hcilor-G,ncul jerks, rising asked that
! four huur be- allowed each side IN which
! Ia present their case This being agreed
a., judge Thurman. after consultation with
his associates, upi,c, placed his cane un tho
table, aud drawing lfpm his pocket tho
familiar old banllna aud his suuH box,
placed the latter on the table in irunt II
lin and began his Argument Ills voice
WIS low lnl husky NJ thc start, bat SION
gathered strength, aud remained clear aud
strong 10 the close q! his forty minutes
speech.
Ills manner Of speaking was plain, sim
pie aud direct, and IN his choice Ut words
hu used homuly Anglo Saxon that WIS ~
in,clligihlu tp the hity present ~ la tho
learned justices themselves Standing
cr,ct, facing the court. his right hand
holding lis eyeglasses aud the lett at tho
pocket oi his trousers. he spoke slowly and
distinctly, with an absence Of omt0ncil
iloufishos.
when he desired 10 emphasize somo
point Ia lis argument Il WIS done With a
simple downward sweep II ms night hand.
llr WIS only interrupted twice aud then 10y
questions oi no puicucv, ~ showing the
opinions Ut the Justices. Then hc took up
the opinion IT judge Colt. ui Mls-1chu-
srtts, overriding III government drmur-
rr lie said that Il seemed Ia hc sin IN
the uyus ui some Judges not tu hludly iUl-
low thc du, iHious ui ihvit predecessors, aud
this, be- riid "-pcmri iu De- particularly
true iu ihr good old commonwealth oi
Muslrhu 4rtS We in the vest, hu cun.
uaurI, with q Hmilr don't think -o. aud
II "a Judge renders q wrong decision, aud
another Judge gets chance iu ruyctsc his
dupis.uu, hr h very opt tu do H.
JuIrr Thurman clu.rd his argument at
l.luucIurk aud lett the court room a few
minutes later all'f jed Chandler had be-
gun hiH spovoh.
JuiFr Thurman, In his argument said
That ihu lIoll company conceded the con-
sliuupnul right ui the government to
enact q statute giving the Auorncy.Gcn.
rnl power ~ bnn' suit to cancel patent,
bat maintained that IN thc absence Of such
statute the Attorney bad no
such power. judge Thurman asserted
that ~ congressional action Wts ncer~a'
~. that thy constitution gave ample att
ihufty fpr the bringing ui ilr SUIT ahl 40
declared that tUugp..s could not, oven by
r,prs. statute, limit this power, for Il
would therefore abrugito the constitution.
MI Chandler maintained that the night
0i 'hr executive a. bring this suit was In
hcrrnt. and that when the government
was Wunrrd los fraud or otherwise in the
execution 1T ~ laws, Il hal the right hy
b.ll II equity to cancel aud nuIIlly This
wrong.
VIZ. stouow, Tor the BELL company
cuulroycricd the governments position
anil declared that the Attorney. ia
not have the power claimed, aud lhu lho
inrt that the extensive legislation 10 ~
gard to patents made no mention OF Jus
power, inrbalu ~ cNrfri.'. lie luf'hcr
maintained that everything alleged in inc
governments bill could b. advanced IN an
infringement suit brought by private par
t,s II the power existed IN the govern.
mont 10 bring suit 10 cancel q PATENT us
exercise should plainly b. limited 70 civcs
Nhcr, the stltui ~ dcirnscs Jailed 70
mach the case. iot to hold otherwise would
turn nnirut litigation largely into the
hands of the government, which evidently
Wns not the intention oi the law.
Argument la the case will be- resumed to-