Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-10-10
THURMAN IN COURT.
THB OLD ROMAN STANDS UP HALE AND
HEARTY
To d. Battle for the Government Against The Tsls-
phone knnOpOly-Hs Speaks for Forty
Minutes Without Break or
Tremor.

| WASHINGTON, Octobsr 9.-The marble
faced clock that stands above the Ameri-
can eagle which is perched over the chair
of the Chief Justice Of the Supreme Court,
as if to see that justice is faithfully admin
istered, marked three minutes past twelve
to-day when the Court crier arose and an.
nounced: "The Chief Justics and Associ-
ate Justices of the Supreme Court" As
the audience rose and remained standing
in silence, the Justices, headed by their
rew Chief and precsded BY Marshal
Wright, filed to their sea!s on the bench,
and the CouIt was opened for regular
business.
The space in the Court room allotted
to the general public was crowded to it,
full capacity at this time, in anticipation
of Judge Thurman making the opening
argument for the Government in the Bell
tele phone case, and every eeat reeerved
for members of the bar was occupied, bat
mostly with Washington lawyers. Judge
Thurman, who had arrived few minutes
before twelve o'clock, was seated at the
centre table facing the Court with q hsli
dczsn law hooks in front Of him. At his
side was Solicitor General jerks, who
brought the suit of the Government against
the Bell Company, while Messrs. JEFF
Chandler, of st. Louis, and William +.
Strawbridge, of Philadelphia, also Govern
ment council in this case, were only few
feet away.
At table on the right sat the attorneys
for the Bell Company, Messrs. Stoorow
and Dickerson, who have tesn connected
with the litigation in which the telephone
company has been involved. In Q low
tone of voice, hardly audible few feet
away, Chief Juttice Fuller announced that
members Of tho bar would be admitted to
practice, and three or fonr gentlemen were
sworn in. The Chief Justice then an
nounced that motions were in order, and
Senator Stewart and few others entered
motions in several cases Of NO general in
terest Tte,e Chief Justice Fuller dis
posed of, after q brief consultation with
Justice Miller, who sat on his right, and
then iu low tone of voice, bnt with an
enuncistion 30 distinct that each syllable
could bs plainly heard, be said: ut there
are no further motions, case No. S46, the
United States against the American Bell
Telephone Company, will be called"
'Counel are present." said Mr.. McKen.
ney, Clerk Of the Court, and Solicitor
jerks, rising, asked that four hours be
allowed each side in which TO present their
case.
This being sgoe1 70, Judge Thurman,
after consul aEO1 with his associates,
srtss, placed bi, care on the table, and
drawing from his pocket the familiar old
haudanns and his snuff box, plsctd the
Latter on the table in font of him and be-
yan his argumelt. His voice was low and
husky at the stait, bat SOON gathered
strength and remained clear and strong to
the Close Of his forty-minu'e spe ch.
His manner Of 81 ikipg va, plain, sim
PIE and direct, and in bis choice Of words
be used homely Anglo-Saxon that was as
Ineligible to the laity present as to the
learned Justices Themselves.
St.ndipg erect, facing the Court, his
right band holding his eye glSsss and the
lett at the pocket Of his trousers, he spoke
slowly and distinctly and with an alb ,er C ,
of oratorical flourish. When he desired to
emphssizs some point in his argument, 1t
was done with simple downward sweep p
of the right hand. He was only interrup
ted twice and then by questions Of no
pertinency, as showing opinions OF the
| Justices.
When he took up the opinion of Judge
Colt, of Massachusetts,, overriding the
Governments demurrer, he said IL seemed
TO be sin in the eyes of some judges, not
| to blindly follow the decisions Of their
predo sssors and this he said "stentd to
be particularly true in the grod old COM
mon wealth Of Massachusetts,. I'VE in
the West" he continued with smile,
don't think 40, and If judge renders o
wrong decision and another Judge gets o
chance to overruls his decision, he is very
apt to do it."
Judge Thurman cloeei his argument at
ten minutes past one and left the Court
room q few minutes later, after Mr.. JEFF
Chandler had begun his speech.
The telephone cae under argument to-
day grows on. Of Q suit brought by AciinR
Attorney General jerks in the Circuit
Court of the United States for the district
of Massachusetts, to have cancelled two
patents granted Alex. Graham Bell, rs in:
ven.or of the telephone. on the ground
that the patents were obtained by fraud.
The Bell Company entered demurrer to
thi, suit, in which they maintained,
among other thing, that, in ths absence
of any spt cific statute, the United States
had no power TO maint,in bill In equity
to cancel patent for an invention.
The circuit court held that this point
wa. we'll taken. but furthermore ruled
that even were the court Iot - 20 to this
/ extreme length, the demurrer must Be
sustsioed On the ground that the ms:n
questions raised sgsins. ths validity ol
Bells patents could be advanced in
linfriupemept suit and that the attorney
general eou' d not bring suit 70 cancel 9
patsLt on grounds which constitute de
fence in Infringement cases. The cist
comes to the supreme court on appea
from this decision. =,
Judge Thurman in his argument raid
that the Bell Company conceded the con
stitutional right OF the government Il
eral power to bring suit g C. clhcff Y.asR
hut maintained that in the absence Of sucl
a statuts the Attorney General had N
such power. Judge Thurman atssrtet
ths. no Congressional sction was necsa ary
that the Constitution gave ample authori
ty for the bringing Of the tuii, and be de
clared that Congress could not even b.
: express statute limit this power, for
would therefore abrogste the Constitution
AnImportaat Democratic Conferences.
WASHINGTON, October 9.-Judgs Thur