New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-10-10
THE PAN-ELECTRIC CASE ON
THE "oLD ROMANS coNGENIAL THEME.
DEFENDING THE GREAT "JoB" BEFORE THE
SUPREME CoURT-THE HOLLOWNESS OF
HIS FLEA EXPOSED BY ME-. STORROW.

SUPREME COURT-THE HOLLOWNbSS op
HIS FLEA EXPOSED BY Mr. sToRRow.
Washington, Oct. o (spccaD.-Tbc chamber OF the
Supreme Court was almost crowded to-day rs IL
yesterday when the Chief Justice took inc
oath Of Office. 1t due 10 the fact that the feie'
phone case was to be argued, and the Old Roman
inspired by the consciousness Of having a fat fee IN
bis pocket, expected TO present arguments IN
favor Of the Pan Electric swnde Sure enough he
made his appearance promptly, before the court con-
vencd, wabbllng into the chamber with painful
hcsi ancy, and leaning heavily upon his stick His
entrance greeted with suppressed murmurs. when
ceased only VIXEN the court crler announced The
Honorable Chief Justice and Associate Justices of the
Supreme Courts
The familiar bandanna more made to play
the part taken by the trick mule In the circus amid
III concealed hilarty the part OF tho spectators,
which extended even TO the dignined Justices on the
bench and made their features relax into broad smiles
for minute or two Ont OF It's fee. paid to the Old
Roman the Government got forty minutes talk,
more or lees convincing II the United States District
Attorneys had been present, whose compensation for
the last fiscal year mulcted TO tho tune OF 20
per cent in order TO enable tho Pan Electric Depart
ment OF Injustice to pay the fees Of special counsel
their verdict as to the "Oh Romans effort would
nrobaby not have been a very favorable one. But.
then they would be regarded prejudlccd parties.
What effect the Old Romans argument had upon
the court II Is difficult to say. Probably not great
one since MIR. storrow, Of Boston, who followed Mr.
Thurman, succeeded In exposing most thoroughly tEc
hollowness Of the Pan Electric argument.
The telephone case under argument to-day grows
out Of suit brought by Acting OBSERVATION-DISCLOSURES
eral jerks In the Circuit Court OF tho United States
for the District OF Massachusetts, to have cancelled
two patents granted to Alexander Graham Bell as In
ventor Of the telephone the ground that the patents
were obtained by fraud. Tho Bell Company entered
a demurrer TO this suit, in which they maintained,
among other things that In the absence OF any SPECIFIC
statute the United States had power to maintain a
bin In equity cancel patent for an invention Tho
Circuit Court held that this point we'll taken, but
furthermore ruled that the court not TO eo
to this extreme length the demurrer must be sustained
on ihe ground that the main questions raised against
the validity Of Bells patents could be advanced In an
infringement suit and that the Attorney General could
not bring suit to cancel patent grounds which con-
stitutc a defence In Infringement cases. Tho case
comes TO the Supreme Court appeal from this do
csion.
Judge Thurman I'm his argument said that the
Bell company conceded the constitutional right OF the
Government 20 enact statute giving the Attorney
General power to bring suit TO cancel patent, but
maintained that in the absence OF such statute, the
Attorney General had no such power. lie asserted
that the Constitution gave ample author ~ for the
bringing of the suit and that Congress could not even
by express statute, limit this power, for 1t would
thereby abrogate the Constitution.
Mr. Chandler maintained that when the Government
wronged by fraud or otherwise In the execution
of its laws I had the right, by bill of equity, TO
cancel and nulfy this wrong.
James J. storow, for tho Bell Company, con'ro-
veried the Governments position, and declared that
the Attorney General did not have the power claimed,
and that the fact that the extensive legislation In
regard TO patents made mention Of this power
forbade ifs exercise lie further maintained that
everything alleged In the Governments bill could be
advanced In an infringement sui brought by private
ralties II the power existed I'm the Government 70
bring suit to cancel patent, its exercise should
ria nly be mited where the statutory de-
fences failed TO reach the case. for TO hold otherwise
would turn patent litigation largely into the hands OF
the Government which evidently was not the IN
tcntIon of tho law Argument n the Will be
resumed tomorrow.
All the Justices of the Supreme Court sit IN THIS
cese eycept Justice Matthew's who IL Ill, and Justice
Gray has relatives pecuniarily interested In the
| Dell Telephone Company.