New-York tribune., 1888-03-21
nations and races, Latin as well a. Others, Will
be recognized.
THE GOVERNMENTS PATENr SUITS

The Government proceedings against the
Bell Company have virtually been dismissed Dy
the United States Supreme Court. Every
question of law and fact involved in that costly
and scandalous litigation has been passed upon
nv the court OF last resort. The record had
been already made for this final review when
the first suit was authorized by Solicltor-Gen-
cral Goode in September. 1856. at the sollcita-
ton of Attorney General Garland's business
associates, Casey Young and Senator Harris
Tho application from District Attorney Nc
Cory for Government intervention was
grounded on Reis's discoveries and on alleged
irregularities and frauds In the issue OF the
Bell patent. These allegations had been
argued already in the courts, and formed part
of the record which was awaiting final re-
vision by the Supreme Bench. The Solicitor
General, with indecent haste and without war
rant of law. granted the application in the in
tcrest Of speculative statesmen who had got
wildcat telephone stock for nothing and were
seeking with Government aid to make it valua-
ble The President, when this scandalous in
trigue was exposed by THE TRIBUNE. ordered
the dismissal of the suit on the ground that
District-Attorney McCorry's application had
not been referred by Mr.. Goode to the Depart
ment Of the Interior. A second suit similar
to the first was Immediately initiated in Mem
phis, and the formal application was referred
to Secretary Lamar. whose department fairly
swarmed with Pan Electric spectators. On
January Is, 1886, a favorable opinion was OBJ
tanned from the Department Of the Interior
containing the following passages;
Tho ground of invadity alleged against the Bell
Telephone patent may bc substantially summarized
thus First the patent was procured by tho fraud Of
tho patcntee through the couson or mistake OF tho
officers Of the Patent ONCE. and in violation OF tho
rights of a caveator named Elisha Gray Second. tho
invention patented not patcntabe because already
published The allegations and tho evidence
touching tho circums attending the ISSUE Of tho
patent arc Of such nature and have such support
as to render It IN my opinion improper to ignore or
dismiss them. Such q esse Is presented as think
ought to undergo thorough judicial investigation. 1t
appears that many suits have boon pending between
the corporation claiming this patent and others that
assail 1t. In of these cases has there been or
can there be- as think, such thorough investigation
and full adjudication to tho alleged frauds or mis-
takes occurring In the Patent Ofce In the Issuance OF
the patent could be had in proceeding Instituted
and carried on by the Government itself In
my opinion the proceeding should be in the name and
wholly by the Government, not the relation or for
the benefit Of all any Of the petitioners but In the
interest Of the and tho people and wholly
at the expense and under the conduct and control OF
the Government
The grounds for Government Intervention
were again stated to be the claim that Rcis an
ticipated Bell and the allegation of fraud ana
collusion in the issue of the patent. These
questions of law and fact were already in the
record that was on its way to the Supreme
Court; and within fortnight at New-Orleans
q rehearng of the evidence on these very points
was to be had in the United States Circuit
Court. Neither Secretary Lamar nor the De-
partment of Justice felt at liberty to wait a
few weeks for new Judicial decision On the
evidence respecting Reiss discoveries and the
charges of fraud respecting the Gray caveat
The Administration was in an embarrassing
position, and il was necessary ito vindlcate
Attorney General Garland and the Solicitor
General The suits for the cancellation OF
patent were instituted in Ohio and Massachu-
sctts at enormous expense to the Government,
and were successivcly thrown out OF court.
Meanwhile, the court in New-Oreans had de-
clded that Reis had not made a speaking
telephone, and that there was no evidence Of
fraud or collusion in the issue of the Bell pat
ent; and now comes the final judgment. After
al the questions involved in the telephone
litigations have been considered, the Supreme
Court, ruling on evidence that was in the rec
ord when the Administration was captured by
the Pan-Electric conspiIators, decides thai
Reiss experiments have not vitiatcd Bells
claims and that the patent antcdated Giays
inventions and was honestly obtained
The decision of the Supreme Court being
full and explicit on the very points which were
made the pretexts for Government interven-
ton proves that there never was adequate rca-
son for instituting these extraordinary pro-
ceedngs. Every issue of fact was already be-
fore the courts. The judicial tribunals were
entirely competent to settle the controversy on
it's merits The Administration was made a
party in action at the importunate solicitation
of statesmen who were trading In spec
ulative gift enterprise and who counted among
their confcderatcs the head of the Department
of Justice and several of Secretary Lamars
subordinates. There was neither legal war
rant nor public necessity for the Governments
scandalOus Intervention.