, 1888-10-10
CAPITAL NOTES.
The Bell Telephone Case
Commenced.
Argument Opened by Judge
Allan Thurman.
Adjournment Of Congress Again
Discussed.
CAPITAL NOTES.

WASHINGTON, Oct. 9.-ln the supreme
court to-day Judge Thurman opened the
argument In behalf of the United States
in the case of the government against the
Bell Telephone company. Thurman
placed his cane on the table and drawing
from his pocket tie familiar old bandana
and snuff box placed the latter on the
table in front of him and began his argu-
ment. His voice was low and husky at
the start, but as soon as he gathered
strength it remained clear and strong to
the close of his forty minutes speech.
His manner of speaking was plain, simple
and direct and in his choice of words used
the homely Anglo-Saxon as Ineligible to
the laity present as to the learned justices
themselves. Standing erect and facing
the court, with right hand holding his
eyeglasses, his left at the pocket of his
trousers, he spoke slowly, distinctly and
With an absence of oratorical flourish.
lie closed his argument at ten minutes
past | and left the court room a few min
utes later, after JEFF Chandler began his
speech.
The telephone case under argument to-
day grows u of a suit brought by Act
ing Attorney General jerks in the Cir
cult Court of the United States for the
district of Massachusetts to have can
celled two patents granted Alex Graham
Bell, as the inventor OF the telephone, on
the ground that the patents were OBJ
tanned by fraud. The Bell company en-
tered a demurrer to this suit, in which
they maintained among other things that
In the absence OF any specific statute the
United States had no power to cancel a
patent for an invention. The circuit
court held that this point was well taken.
but furthermore ruled that even were the
court not to &c to this extreme length, the
demurrer must be sustained on the ground
that the main questions raised against the
validity of Bells patents could be adj
vanced IN an Infringement suit, and that
the attorney general could not bring suit
30 cancel the patent on the grounds which
constitute a defense of che Infringement
cases. The case comes to the supreme
court on an appeal from this decision.
Judge Thurman in his argument said
the Bell company comedies the constitu-
tlonal right of the government to enact
the statute giving tie attorney general
power to bring suit to cancel a patent,
but maintained that in the absence of
such statute the attorney general had no
such power. Judge Thurman asserted
that no congressional action was neces-
sary; that the constitution gave ample
authority for the bringing of the suit and
declared that congress could not even by
express statute limit this power for it
would therefore abrogate the constitution.
At the conclusion of his remarks JEFF
Chandler addressed the court and was
followed by Mr.. Storrow for the Bell
company.
Acting Secretary Thompson has ad-
dressed a letter to congress inviting atteu-
ton to the necessity of making some
appropriation for carrying into effect the
provisions of the Chinese exclusion act.
He says:
THE enforcement of the act necessarily
devolves in the first instance upon the
collectors of the several ports of entry in
the United States, and from the nature of
the service must require the maintenance
of a special force of inspectors, guards and
other employees, and as entry may be
affected into the United States not only
at ports upon the Atlantic. Pacific and
gulf coasts, but also across the Canadian
and Mexican border lines, it is evident
that a considerable force must be eventu-
ally employed in order to effectnally en-
force the provisions of the act. 1t would
be difficult TO give a detailed estimate of
the expenditures which might be required
for this purpose, but 1t Is recommended
that an initial appropriation of $50, 900 be
made and | enclose the draft Of the pro.
visions to be inserted in the same pro-
posed appropriation bill. If this recon-
mendation meets with the approval of
congress. as the act relates to and IN the
measure regulates the subject of immigra-
ton into the United States, 1t is believed
the monev appropriated can be properly
paid out of the immigration fund provided
for by the act of Aug. 2, 1882.
Acting Secretary Thompson to day is
sued warrants amounting to S25, 240 in
settlement OF the expenses of contested
election cases.
Contracts for supplying materials for
use in the construction of fine steel cTuis-
ers and one gunboat have been awarded
to the following named firms. among
others: Park Brothers & CO.. Pittsburg;
Austin & Pbclps, San Francisco; james
McCuddon. Valleioe, Gala, and A.
Powell, San Francisco.
The postofice department has estab-
lished 49l new money order post offices.
Kansas has the largest number of new
money order offices, So; Nebraska next,
So; California, "a; Colorado, %; Michi-
gan. %; New York. Ohio and Texas
each. 10.