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

authority Of the applicant or his attorney, or
the practice of permitting officials to take for
their private use copies from pending applica-
tions, has obtained any foothold. sound public
policy would seem to dictate that it should at
once be discontinued.
''Your petitioners further state the said VIM.
Z. Simonds and the said Foster Freeman
"a firm composed of Chas. E. Foster and Frank
L. Freeman) are duly enrolled practitioners
before the patent Office and as SUCH are
subject to discipline by the commissioner Of
patents under section 4S7. Revised Statutes for
gross misconduct. such as their violation Of
duty herein charged seems to have been, and
that the said Joseph L. Bennett was and still is
an officer of the government under the direct
control OF the commissioner Of patents.
RULE OF DIsBARMENT ASKED.
Wherefore, your petitioners pray that rule
be issued upon the said William E. Si-
monds and upon the said Foster
Freeman. returnable upon a day certain
they and each Of them should not be disbared
from further practicing before the patent
Office or any other bureau Of the Depart
iment of the Interior for participation
in the wrong herein complained Of; and
that the said Joseph L. Bennett, chief
clerk, be called upon for an explana-
ton, If any he has to make, touching his
connection with and participation in the
said wrongful transaction, and that he be
suspended from duty pending an investi-
CATION OF these charges; and that the ATTORNEY
General Of the United States be requested
to designate some law officer Of the Depart
ment of Justice to conduct an investl-
cation of the said charges with power
to take testimony and to call for persons
and papers under governmental control afford
ing evidence bearing upon said charges; that
your petitioners be allowed to assist such law
officer in the discharge Of his duties. and for
such other and further relief as the nature of
the case may seem to require.
"CHURcH h CHURCH,
Attorneys OF record and of counsel for Daniel
Drawbaugh."
The usual jurat is appended to the petition.
WHAT WAS SAID TODAY.
Commissioner of Patents Seymour abso-
lutely refused to talk about this matter this
afternoon. His silence is due to the fact that
he will act in judicial capacity, and he does
not care to make any state ment before the time
for action.
Chief Clerk Bennett of the patent Office. who
Is implicated by the affidavit of Messrs. Church
q Church, was seen this afternoon by "a STAR
reporter. Mr.. Bennett said:
$50 far as any copies of patent cases have
been furnished by me it was done by
the order of the commissioner of patents
which order have no desire or right to ques-
ton am in charge Of the clerical force and
when directed to furnish copies of patent l
obey the order. l would obey the same order
today if issued by the commissioner Of pat
ents."
The filing Of the charges created q genuine
sensation in the patent Office and among the
patent attorneys who frequent the building.
The news of the action of Messrs.
Church Church leaked out shortly
after noon and eagerly discussed by the
attOrueys The action pntiraly
pected. for there have been many rumors float
ing around the patent Office about the alleged
irregularity of some of Mr.. Simonds' doings
while commissioner.
Mr.. Simonds is now a member Of the patent
firm of Simonds. Burdette & rockingham,
doing business in the Potter building, New
York city.
OTHER DoINas TALKED ABOUT.
The filing of the charges brought out Q num-
Der of other reports, alleging conduct on Mr..
Simonds' part which was considered indis-
Greet.
Among these reports is one that Mr.. Symonds
had duplicate, and in some cases triplicate
copies made from the se0svt afdkiv6s Sof the
Office Of many pending patent cases Of differ
ent character. These included, it is aid.
the Berliner and number Of other telephone
cases, and one important patent on petroleum
emulsion medicine 1t is said that the total
work which Mr.. Symonds secured in govern
ment time by government clerks would aggre-
gate about 475,000 words, all being, it is
charged. copies of secret papers to which no
one had right OF access except the applicant
for the patent.
While holding his official position Mr.. ST.
monds compiled book called a"Condensed
Treatise on the Law of Patents''
1t is a pamphlet containing ninety-six closely
printed pages 1t is alleged that the compila-
ton was prepared by typewriters in the patent
Office during Office hours and their work aggre-
gated about 55, 900 words.
1t is said that suspicion was first aroused
among the attorneys of something irregular
going on in the telephone cases by the fact
that the drafting and copying divisions
of the Office were far behindhand in
the routine work and live cases we're DELAYED
This was said to be due to the fact that Mr..
Simonds was having copies made of patent
cases at that time pending. During this time
number of attorneys desired to have copies
made of some telephone cases, but the Office
could not furnish them, SO in ac-
cordance with a custom in vogue in the depart
ment the attorneys were permitted to send in
their own typewriters to do the work, paying
the patent Office the same rates if it were
done by the Office. Mr.. Simonds is said to
have asked each of these clerks to make him an
extra copy of the papers they were working on,
which they did.
1t is believed that an investigation will be
Immediately ordered by Commissioner Sey
mour upon the basis of the charges preferred
by Messrs. Church and Church. The names of
the people who made the copies, all
well-known typewriting firms Of this
city, are given in the affidavit filed to-
day. The dates upon which the copies were made
and the amount of work done each day by the
typewriters are stated. The matter will be
brought to the attention of Secretary Smith
this afternoon or tomorrow and early action in
the case is expected,