The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-11-13
THE LITIGATION OVER THE BELL PATENT
Decision In Favor OF Governments
The Case to be Tried on Its Merits.
What Washington People Say OF the
Chamberlaln-EndIcott Wedding.
Alderman Jaehne OF New York Not
to Leave Sing Sing.

WASHINGTON, Nov. 12--The Supreme
Court Of the United States today rendered
an opinion in favor Of the government In the
case Of the United States against the Amer
lean Bell Telephone Company. brought here
on appeal from the decision Of the Circuit
Court of Massachusetts, sustaining demur-
rer entered by the Bell Company to the gov
ernmenes suit. The decision Of the court to-
day reversed the judgment Of the Circuit
Court, and remanded the case TO that court
for trial on Its merits.
Solicitor General jerks, acting as attorney,
brought suit In equity in the Circuit Court OF
Massachusetts to have the Bell Company's
patent cancelled and declared null and void
on the ground that II was procured by fraud
ana tnat Bell was not the first inventor Of
the telephone. The Bell Company through
It's attorneys waving for the time any
answer to the allegations In the governments
Dill IA equity, MED demurrer In which they
asserted that the United States had no right
IN the absence OF specific statute granting
that power, TO bring a suit TO cancel q
patent Tor an Invention. They declared
such suit could only be brought by a
private party and not by the government.
The circuit court sustained the Bell Com
pany's demurrer, and refused to entertain
the governments bill. From that decision
the United States took appeal TO the Su-
pFeme Court, whieh teaay, -thEeagh.~ ~Jastieo
Miller, reversed the decision Of the lower
court, and In long and elaborate opinion,
Justice Miller first took up the plea Of multi
fari0usness, urged by the Bell Company, and
said 1t could not hold good; that the suit
brought by the United States, although ID
sought to cancel two patents, issued a
year apart, really related to the same sub
Ject. As to the Bell Company's contentious
that the United States could not bring and
that no circuit court could entertain a suit to
cancel patent brought In the name Of tho
government no matter whether fraud bad
Deenscommltted or not, Justice Miller said
there was no question that an Individual had
a right TO judicially seek redress for wrong
committed against him, and yet II was con-
tended that the United States, the represen-
In their behalf. Justice Miller further said
anomaly. The patent system, he said, was
derived from the same clause In the eonsti-
tuition as that relating TO public lands. The
government, although no express statute had
been enacted, IL had repeatedly been held
had right to set aside land patents obtained
by fraud and the same thing was true Of
patents for inventions. The contention that
the government should not take action be-
cause the remedy existed with private par
ties he said did not mold good. One person
might bring suit against the holder Of a
patent and obtain Judgment In that
peculiar case and yet other parties who sub
sequently brought suit would be able to
bring proof The government alone had
power to bring suit which would finally
settle the whole matter.