Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-18
TO BE INVESTIGATED.
Prompt Action of the Commissioner
Of Patents on the Charges.
FOSTER AND EMAN
Required to Show Cause Why They Should
Not BE Disbarred From Practicing Before
the Patent Ofice-Chief Clerk BennettGiven
. Leave OF Absence-A Thorough Investi-
CATION Promised.

Messrs. Church l. Church for an investiga-
ton Of the alleged crookedness in the admins
trstion Of the patent Office under the late COM
missioner, Mr.. W. E. Simonds, an account Of
which was published in yesterdays STAR.
Commissioner of Patents Seymour today
issued q rule upon Messrs Foster l. Freeman,
the attorneys Of the Bell Telephone company,
and ex-Commissioner Of Patents Simonds to
appear next Wednesday, May "A, and show
cause why they should not be disbarred from
practice before the paten: Office.
In the meantime, Chief Clerk Bennett Of the
patent Office, who was charged in the petition
with being party to the irregular proceedings,
has been granted leave of absence for one week.
THOROUGH INVESTIGATION.
Secretary Hoke Smith said today that he de-
sires to have thorough investigation Of this
matter, and will request the Attorney General
to detail an official Of the Department of JUS
tice to conduct the case on the part Of the gov
eminent
The prompt action Of the department has
caused general satisfaction among all the at
torneys who practice before tine patent office.
The report that SIR. Simonds had secured copies
Of other important cases pending in the Office
cause considerable CONSERVATION among the
attorneys who have large cases on hand involving
great sums of money.
This is the gravest feature Of the matter, they
argue, for there is no telling. thev say, how far
reaching the irregularities may exist.
TIGHTENING OF THE RULES.
Ono immediate result Of the expose already
apparent has been the rigid tightening of the
rules Of the patent Office relating to the archives
and the vigilant guarding Of every avenue of
access 70 the secret files.
There is considerable trepidation among en-
ployes Of the Office for fear they may be i'm
plicated in the alleged irregularities Of Commits
sioner simonds. There is a question, Of course,
how far a subordinate might be held responsible
for acts performed under the direction of his
superior, but if it is shown that the law WAS
violated by Mr.. Simonds and that subordinates
were aware Of . violation Of law in obeying
their chief the offenders may fare badly.
The result Of the investigation is awaited
with unusual interest by the attorneys and the
employees OF the patent Office.
Card From Mr.. Simonds.
from ex-Commissioner of Patents Simonds,
dated New York. May II, 1898:
To the Editor of The Evening Star:
I had yesterday the experience, unique to me,
OF seeing myself blazoned in the newspapers
being under investigation in connection with
charges Of official wrong doing as commissioner
OF patents. The charges and the investigation
were alike news to me.
The publication was therefore an outrage on
deceIcy, and as the charges are a conglomerate
Of ignorance and lying doubt whether the Sec
rotary Of the Interior or the commissioner of
patents is responsible for the publication.
The first charge is that permitted copies Of
pending applications to be given out in viola
ton Of the law. There is no law to prevent a
commissioner from giving out such copies (un-
less in conflict with q caveat) and the federal
courts decide that they not to be kept Sc
cret Edison Co. vs. U. 8. Co., As Fed. Rep. .55).
1t is matter governed by patent office rule
and the discretion Of the commissioner. Dur
ing nv administration the giving or withhold
ing copies was intrusted to the docket clerk an
old and discreet official. do not remember
but two actions of mine on such matters for
months. In both the copy WAS denied in one
the decision was published in the Gazette. 1t
is in connection with this charge that the igno-
rance is shown.
The other charge is that in the slater part"
Of my administration prepared pamphlet
on patent law and had it copied by a govern
ment clerk. prepared that pamphlet imme-
diately after nv accession to Office i'll August.
1891. with the intent and purpose OF making it
a government publication for the use Of the
patent Office, and had to abandon that project
because l could get no appropriation for it. 1t
is in connection with this charge that lying
comes in.
Yesterdays Washington Post has this varia-
ton Of the first charge in its headings: Papers
in the secret archives Of the Interior Depart
ment said ITO have been copied tor the firm of
which the late Commissioner Simonds 10
member" The copies thus referred to are
carbon copies, made at no cost to the govern
ment, OF the papers ordered bv the government
and by the Bell Telephone Company for use in the
governments suit to repeal the Be-liner tele-
phone patent. Neither l nor my firm have any
connection with that suit. The copies have never
been in nv office and never will be. The Sec
rotary OF the Interior freely furnished me with
a copy of correspondence in his office. to make
my record complete. The copies have no con-
nection with my business interests. They were
procured for a proper purpose. which will
doubtless appear in the trial of the case.
am not at present in the business of Offering
any apology or excuse for right and proper
actions. Respectfully, w. E. SIMoNDs.