The sun., 1892-06-17

SUN, FRIDAY, JUNE II,
assistance shah Be rivsn hy the eontrsetins parties
70 carry IL to . succsssful conclusion;
with this further express emsnt ana understand
Ing that there shall To settlement or oomprome OF
the same by either party In interest without fu dis
cussion thereof by the members OF both companies
And nn agreement upon such terms OF settlement OF
oompromise As may seen, Just and fair to both
In witness whereof the proper ofces OF SAID comps
nes hereto attach their hands and seals this h dAy Oh
August. 1885. IsuAx O. HLHss
vice.Pres Psn.R. T. Co.. the President being absent
W. vAS BxSTnursxS.
President National Improved Telephone Co OF La
Even the possibility OF bleeding the rich
monopoly Of Boil was not overlooked; and due
precaution was taken by each party that the
other party should not sell 1t out
Why did the National Improved people want
the impecunious Pan Electric as partner
Because they wanted some little influ ence
that they supposed we might have" to use the
language In which Casey Young eleefully re-
ported tho new alliance to DR.. Rogers Of
Parthenon Heights. The New Orleans COM
pany had tried on its own hook to get the Gov
ernment suit ordered. with tho discoura ginG
results noted above
But why did the i'm pecunious but influential
Pan Electric want the National Improved as
partner In It's enterprise2 Because, in tho
first place. the Louisiana company had cash.
while the Pan Electric had none; In the second
place. 1t had accumulated about SIS. 900 worth
OF technical evidence to be used In an attack
on Bell: and. in the third place. the Pan Elec-
trio would now be able to stand modestly In
the shadow. while its secret partner figured
before the courts and the public as the chief
party in interest
The cat was killed.
Willow the Der rartment or Justice was
Carried by Storm.
Now everything worked with celebrity and
smoothness that must have satisfied Mr.. Van
Benthuysen that he had Joined hands with the
right mon.
On July 80 or 81 tho Hon. Casey Young had
accompanied Mr. Van Benthuysen and several
other gentlemen to the Department OF Justice
and introduced them to the Attorney General.
Tho object OF tho visit was to get Mr.. Garland
to say that he would act promptly ON the ap-
plication OF some District Attorney for q Gov
ernment suit to cancel the Bell patents. and
trithom referring the matter to the Department of
the Interior. Mr. Garland replied that he would
not be In a position to act in any matter con-
cerning a telephone case. because he was a
stockholder in one OF the companies. and that
II any application came 1t would be referred to
some other officer as he personally would not
like to do anything In It In letter written
two months afterward to Presid ent Cleveland,
Mr.. Garland says: After the interview
with the gentlemen. supposed they would
come to me with an application. after the
statement I had made. to either refer tho
matter to the Solicitor General or to present
1t to you. as the legal head OF the executive
departments for your consideration"
Both DR.. Rogers. the promoter. and his son,
J. Harris Rogers. the inventor. have testified
under oath that at this time the Hon. Casey
Young informed them that Mr.. Garland had
promised to bring suit. but that as he felt
delicacy in conducting 1t. everything was to
be loft to Solicitor General Goode This state
ment has boon denied by Mr.. Garland and by
Mr.. Young.
What tho gentlemen did obtain at this inter-
view with tho Attorney-Ge was his as
sent to the withdrawal OF the earlier applica-
ton by Van Benthuysen alone. They accord
lngly went to tho Commissioner OF Patents.
and he returned to them the papers. removing
from tho files OF tho department all trace Of
the Van Benthuysen application. This act OF
accommodation on the part Of tho Interior
Department at tho suggestion OF the Depart
ment Of Justice corrected the mistake OF tho
too impetuous and too precipitate Louisian-
Ian. prevented the adverse report from the
Patent Office which the partners all expected.
and cleared the way for the swift progress Of
the new application.
Then tho combined Pan-Electrc and Ma
tional Improved interests won't down to Mem.
phis where the local influence Of the PAN.
Electric crowd was more potent than anywhere
else outside OF Washington. A memorial Of
- citizens" all more or loss Interested in
one or the other OF the partner companies.
} petition which tho Hon. Casey Young
,stutely refrained from signing. was pre-
'ented to United States District Attorney
McCorry on Aug. 20. On Aug. 81. Mr. Mo-
Cory was followed to Jackson. Tenn.. by
Mr.. Young and Mr.. Huntington: and there and
IN that date the District Attorney addressed
% the Hon. Augustus n. Garland. Pan E ectric
'tockholder to the extent OF half q million. q
etter asking that suit be brought In the
name OF the United States to annul the Bell
patents.
This application was so timed that It reached
Just after the departure Of the
General on Aug. 27 for n long vaca-
ion In Arkansas. Tho Hon. John Goode OF
Virginia. the Solicitor General. whose conflr-
nation by the Senate was then pending. be-
,ame acting Attorney-General In tho absence
If Mr.. Garland. On Aug. 2. Senator Isham G.
Harris. who. as Vice-President OF tho Pan
Electric. had signed the secret treaty with Van
3enthuysen. and who. as Senator OF the United
States. was to have vote on the confirmation
II Mr.. Goode. turned up. curlously enough. at
he Solicitor Generals ofice to inquire II any
'uch application from Memphis had been re-
'sived. 1t had not been received. Sena-
or Harris was ahead Of tho mail
hat brought Mr.. McCorry's letter. Tho
lext morning. Sept. 3. Senator Harris called
lgaln on the same errand: and he was then
informed by Mr.. Goode that within the few
,ours since his last visit the McCorry letter
lad arrived. the merits OF the application had
,een weighed. tho Government suit had been
ordered rittoM reference 10 the matter to
he Department Of the Interior. and a reply |
lad been forwarded to McCorry ut Memphis. |
nstructinG him to begin proceedings. in the |
lame OF the United States. to vacate and can |
'el the Bell patents. And six days later the |
uit was begun in Memphis. just In the nick OF |
ime to enable the Pan Electric Sub-Company |
It Baltimore to interpose this Government ac-
ion as an answer to the Bell suit against 1t |