Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-20
WILL ASK CONGRESS
To Investigate the Last Administra-
ton of the Patent Office.
THE ATTORNEY GENERAL
Cannot Spare Any of His Assistants at This
Time to Examine the Charges of the Messrs.
Church-Mr. A. Pollock Talks Vigorously
in Regard to the Matter.

It is expected that a congressional investiga-
ton of the methods of the patent Office during
Mr.. Simonds' administration will be the out
come of the recent charges filed against the ex-
commissioner. 1t is said that some of the charges
are of a nature which precludes examine
ton by the commissioner Of patents, and that
the propriety OF ordering such an investigation
will be suggested Immediately upon the con-
vening of Congress.
NO ASSISTANT ATTORNEY GENERAL CAN BE
SPARED.
Secretary Hoke Smith has received reply
to tine request which he made of Attorney
General Olney to detail an official Of the De-
par,ment of Justice to conduct the in
vestigation of the charges preferred
by Messrs. Church and Church against
ex-Commissioner Simonds and Messrs. Foster
Freeman. Attorney General Olney replied
that the business Of his department is SO press
ing at this time that he cannot spare any one
from his Office.
Mr.. A. Pollok's Views.
There is great deal of unfavorable COM
ment among some Of the patent attorneys in
reference to the charges made against ex-Com-
missioner Simonds. Mr.. A. Pollok, probably
the Oldest living practitioner in patent law in
Washington, if not in the United States, hav-
ing been continuously engaged in his practice
for nearly forty Years, in speaking to
a STAR reporter said: have been counsel
for the American Bell Company, and in that
capacity have often had occasion to apply for
copies OF records of the patent Office to be used
in suits pending in the courts. Had any COM
missioner ever refused to furnish a copy, which
l deemed it my right to obtain. would. as
have done in some cases, applied for a writ of
mandamus to compel him to furnish it.
THE ASSAULT ON THE Ex-coMAIssIoNER.
The complaint OF Drawbaugh's attorneys
regarding the furnishing of official copies of
records" continued Mr.. Pollok. would
scarcely reach the level Of a matter of public
interest, but that it is made the occasion of a
most atrocious assault upon the reputation of
an ex-commissioner of patents, and of an honor
able firm Of attorneys and solicitors of patents.
The general public may be incapable OF ap-
preciatng the merits of the charges made, but
from the fact that the Secretary Of the Interior
has been asked to strike the names of all these
gentlemen from the roll OF attorneys prac-
ticing before that department il will inev-
itably be inferred that they are charged with
derelictons Of a most serious nature. The
punishment the Secretary is asked to infiict is
nothing less than professional death. The fault
is therefore declared to be Of a capital nature
This is perfectly understood by those who
have become responsible for these outrageous
charges against their professional brothers, and
ii is, therefore, but just to set forth in the
clearest manner what are the acts that consti-
tute the foundation of these accusations.
Stripped of all coloring and embroidery the
charge is that Messrs Foster and Freeman in
the course of their professional business APP
piled for copies of patent Office records, and
that these copies were furnished to them. 1t is
not stated. though generally understood, that
these copies we're required for evidence in pend
ing litigation.
THE Law IN THE CASE.
This matter is regulated by law, section 1872,
Revised Statutes, as follows:
written or printed copies Of any records,
books, papers or drawings belonging to the
patent office shall be evidence in all
cases where the originals could be evidence,
and any person making application therefor
and paying the fee required by law shall have
certified copies thereof"
No distinction is made here or elsewhere in
the law between pending and abandoned ap-
plications; and though. for obvious reasons Of
expediency, the patent office has adopted q
rule to keep the records of pending applica-
tons in secrecy, the commissioner is the sole
Judge in any particular to whether the
exigency justifes the relaxation Of this
! rule Of practice. Whether justified or
not in the present case need not
be discussed, though it may be remarked that,
even in the patent office. the rule ceases to
operate when parties come into confi ct or in
torference. and that when the ends of Justice or
the enlightenment of q court require disclosure
of evidence afforded by such records the rea-
| son for the rule is properly regarded as ceasing
to exist.
What is the proper view to take is Of no i'm
important matter is that because they applied
in accordance with the law above quoted for
copies Of official and public records and for
legitimate and proper purposes, honorable
members of an honorable profession are
their Professional BRETHREN For ths eauss
and this only. do the attorneys for
Drawbaugh at great length and with much
show of corroborative detail in the number of
words copied, the names Of the copyists, &c.
petition u new commissioner stranger
to all the intricacies OF the bureau-to order an
investigation" and to pass a sentence upon
the alleged offenders which would render them
professional and social outcasts. The nature Of
the offense alleged is lost sight of in the gravity
| of the sentence asked, and cruel and wanton
injury thus inflicted which can never be re-
paired.
In the whole length and breadth Of the land
there Is no lawyer or patent solicitor against
whom the same charges could not be made with
as good foundation. No one is safe from such
| an attack so long as there are persons suf6-
GENTLY important to be served thereby.
THE PROBABLE UNDERLYING MOTIVE.
In this connection one word as to the prob
able motive underlying this proceeding may
not be amiss To every one familiar with the
history of telephone litigation, the idea that
Drawbaugh desires to preserve secrecy with
reference to the telephone patents he has been
on the point of taking out for the past thirteen
years, must appear a huge joke.
| The thing has been before the public for a
| dozen years. Any one who desires it can tor a
trifle be a Drawbaugh stakeholder and q part
owner in these same applications that are SO
| long in maturing to patent.
The suggestion that Drawbalgh has been in
jured and aggrieyed by issuing copies of dnis
records to courts whose business is to pass upon
his claims. has the appearance. at least OF in
congruity and absurdity. Apparently, it is no
toriety that has all along been sought, and i,
certainly is what is now being obtained through
the wide publication of these charges.
1t is to be deplored that the advertisement,
! Of Drswbaush's Vslslhons applications and the