Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-17

Ex-CoMMIssIoNER sIMoNDs.
and the unlawful taking of cories thereof for
the private use of Mr.. Simonds and of the
Bell Telephone Company. Collusion in this
matter, which also involves the official
conduct of Chief Clerk Bennett of
the patent Office. is charged, and the
com missioner is requested to issue rule upon
Mr.. Simouds and Messrs Foster Il Freeman to
show cause why they should not be disbarred
from practicing before the patent office
The petitioners are Messrs. Church l. Church,
patent lawyers of this city. One month ago
Messrs Church Il Church sent a communica-
ton to Commissioner Seymour embody-
ing these allegations in a general way, without,
however, specifying names, and asking that an
investigation be had. Up to this time no re-
port as to the commissioners findings has
been received
THE PETITION FILED.
The petition filed this morning is as follows:
ITO the Commissioner Of Patents:
"Your petitioners respectfully represent that
they are sttornsys-at-law,, doing business in
attorneys of record in the matter of
numerous applications of Daniel Draw
baugh for improvements in tele-
phony now pending in the U. s. patent Office;
that under the rules and practice Of the patent
off office inspection Of pending applications and of
sas sssSr1 pslmisss prSsssanss s snefs1 b.
officers Of The government having such
records In charge, and by the applicant or his
authorized agent and only the applicant or his
authorized agent Is permitted to take a copy of
any such application or record; that your petit
tioners are advised and believe that, notwith-
standing these wholesome and time-honored
regulations, the files and drawings of certain live
pending applications of their client, Daniel
Drawbaugh. and of the records of ex-parte pro-
ceedings hereunder were. during the months of
February and March, 1893, upon the request of
Messrs. Foster 4 Freeman of Washington,
ID. c., firm of attorneys retained by
and representing the interests of the Amer
lean Bell Telephone Company of Boston.
Mass, and by the consent and allowance OF
VIM. E. Simonds, then commissioner OF patents,
and of Joseph L. Bennett, then and now the
chief clerk of the patent Office, and with the
parties. laid open to the inspection Of
said Foster Freeman and of other
persons. not in the employment of the govern
ment, but hired and paid by the Ameri-
can Bell Telephone Company, or by the
said Foster h Freeman, and that said Foster
Freeman and other persons were permitted
by the said Simonds and Bennett to
make duplicate. and in some cases, triplicate
copies of said pending Drawbaugh applications
and of the records or proceedings hereunder,
all without the knowledge or consent
of your petitioners or their prin-
cipal. the said Daniel Drawbaugh;
that your petitioners are advised and believe
that the aforesaid non-official persons, other
than the said Foster 4 Freeman, who were
thus permitted to examine and copy the
records of the said Drawbaugh cases were"
Here follows the names Of the copyists and
twelve specification as to dates and the num-
Der Of words copied on each date, which aggre-
gate about 100, 400 words.)
land that all said matters were copied by the
said parties at the request of said Foster and
Freeman and with the knowledge and consen,
of the said Simonds and Bennett.
PAPERS INSPECTED AND COPIED.
"Your petitioners further state upon informa-
tion and belief that among the papers and
documents belonging to the Drawbaugh cases
so permitted to be inspected and copied.
either in duplicate or triplicate, were
the following. viz The original fun
damental application Of Daniel Drawbaugh for
1850. serial to 14,O40, which application
constitutes the parent and main support
Of q large number Of live pending applica-
tions divided ont Of said parent case accord
ing to official requirements; also file wrapper
and contents Of application, serial No. 6.527
filed April 8. 1884, being one of the divisions Of
said parent application Of July 20, 1880;
also the records of ex parte pro-
ceedings under the said last mentioned
application, including afidavlts testimony.
briefs for applicant and decisions of the vari-
Gus tribunals which passed upon such ex parte
matters and your petitioners are advised and
believe vast amount of other documents and
papers relating to the said Drawbaugh cases,
but an exact specification Of which your petit
tioners are at the present time unable to give.
COPIES ORDERED BY sIMoNDs.
"Your petitioners further say upon informa-
ton and belief that shortly before his resigna-
ton commissioner of patents and
while he was preparing to resume his
practice before the patent office the
said William E. Simonds did cause
to be made and to be delivered to him by en-
ployes of the patent Office certain other copies
pertaining to the aforesaid Drawbaugh
applications, which copies your petit
tioners have reason to believe
and do believe were wrongfully appropriated
b. the said Simonds to his own use and are now
wrongfully in his possession.
Your petitioners further say that they
conceive it to be their duty, both to their
client, to the vast body of meritorious
inventors, applicants before the patent
see that the matters and things herein
set forth and charged should be fully investi-
gated and the truth made known that it is a
scandal and reproach to the administra
ton Of affairs in the patent office
this case distictly adversary persons.
should have the power even to inspect, much
less to take copies OF. pending applications
In which they have no lawful in
ting outsiders to inspect and copy a
pending case without the permssion OIL