Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-19
OBJECT STRONGLY
Patent Bar Counsel Withdraw From
Wedderburn Hearing.
AT ISSUE With Mr.. fYNER
Views Embodied in a Letter to
Postmaster General Gary.
THE PROCEEDINGS TO-DAY

THE PROCEEDINGS TO-DAY
The attorneys who represent the Patent
Bar Association have Withdraw wn from tho
case of Wed6erhTrn & Co. now being
heard before the assistant attorney gem
eial for the Post Office Department. in
view of the order of the Postmaster Gem
efal that Wedderburn & Co show cause
why fraud order should not be issued
against thcm depriving them of the use of
the mails. The representatives of the Pat
ent Bar Association previous to the begin
ming of the pending hearing before Gen.
Tyner wrote a letter to Mr. Gary asking
that ne preside at the hearing and that the
thlrd assistant postmaster general also be
present, in order that all the officials of
the Post Office Department before whom
the case might come before finally disposed
oi might hear the evidence at one time
Ihe stars report of the proceedings I'm
the case before Gen. Tyner told how Mr..
Gary declined to preside in the proceed
ines. Gen. Tyner, in reading Mr.. Gary's
letter TO this effect, told the representa-
tNes OF the Patent Bar Association that
they had no legal status in the case of
Necderourn d Co, and that he regarded
tfelr request for the Postmaster General
-
satisfaction with him. and said further thar
as the representatives of the Patent Bar
Association had originally invited them
serves 10 be present at the meetings they
were at liberty to invite themselves
away If they were not satisfied with the
arrangement.
The representatives of the Patent Bar
Association at the time of this remark
merely explained, through Mr.. Edison, that
40 affront was intended to Gen. Tyner.
They have now taken exception to Gen.
Tyner's remarks concerning them, and to-
day withdrew from the case, writing the
following letter to the Postmaster Gen.
eral
Letter of Protest.
WASHINGTON. d. c.,
October 10, 1897.
Hon. James A. Gary,
Postmaster General:
Sir: Replying to your favor of the 18th in
slant in answer to our request that you
preside in person at the hearing of the
charges against John Wedderburn and
John Wedderburn & Co., pending before
your department. and having reference to
me remarks of the honorable assistant
attorney general on the same subject.
desire to submit for record in the case the
following statement, which i'm substance
was made orally TO the assistant attorney
general, in order to remove any misappre-
hension as 10 our position and motives in
making said request.
LIST. That i'm the latter part of February
1897, the then Postmaster General heard
In person the petition and arguments made
in behalf of fifty or sixty patent attorneys
in their capacity as American citizens rela-
tive to these classes of alleged violations of
the patent laws, viz: The violation of the
law relating to seccnd-class mail matter i'm
the circulation through the mails of the
National Recorder, and the violation by
John Wedderburn and his company of GER
tain other sections of the postal law relat-
Ing to schemes Of fraud.
The Postmaster General after a patient
hearing, assured the petitioners at that
hearing that there should be investiga-
tion and report by the proper officers.
I'd Subsequently to that time charges of
gross misconduct were made against John
Wedderburn and his company by the COM
missioner of patents on the same and ether
grounds, but 81 pported by vastly greater
amount of evidence than in the proceeding
before the Postmaster General. The mat
ter before the Postmaster General not nav
ing been disposed of, the case WAS sus-
pc nded and the papers transmitted % the
CT mmissioner of patents through the Sec
retary of the Interior.
Sd. UIon conclusion of the proceedings
before the commissioner of patents and
the Secretary of the Interior. which result
ed in the disbarment of John Wedderburn
and his company agents before ;he pat
ent Office, the papers that had been re-
ferred to the commissioner of patents from
the Post Cffioe Department were returnea
to the Postmaster General, together with
tHe ItpOFl o. the commissioner ana as
sistant commissioner Of patents. and the
final action of the Secretary of the Interior
18th. Thereupon the investigation by the
Postmaster General of the charges was
sumed, and time was fixed for hearing
before the assistant attorney general for
the Post Office Department. At the hearing
not orly appeared a representative of the
original petitioners, but also the under
signed, authorized representatives for the
Patent Law Association of Washington. AT
the outset of this hearing his honor. AS
sstant Attorney General Tyner, announced
that he could not hear the charges relating
10 second-class mail matter, as that was
within the jurisdiction of the third assist
ant postmaster general; and during the Z
course of some other remarks by both hisI
honor and counsel present, Judge Wilson.
in behalf of Wedderburn, remarked that he
had been deprived of hearing before the
Secretary of the Interior in person, convey
ing to us by such remarks that he claimed
to be entitled to a hearing by the highest
tribunal within any department in which
his client might be tried.
The matter of the violation of the law
relating to second-class mail. consisting in
the publication of the National Recorder,
calls for the consideration of the question
whether the government shall continue as
an instrumentality in sending that individ-
ual advertising sheet, IL 1t is one. through
the mail for less postage than the law pre-
scribes, and thus add TO the enormous ci-
, ergence of public funds in that direction,
to which your predecessor, Mr.. wilson,
:ic Your letter of the 18th instant refers
to the charges now pending in the depart
ment against John Wedderbura and John
& Co., and states that you
have designated the assistant attorney gen.
eral of the Post Office Department as the
proper official to hear the case referred
to, thereby including all the pending
charges against said parties. Yet the
sistant attorney general at our first inter-
view repeatedly stated that the charges in
regard to second-class mail matter were
rot within his jurisdiction and would not
be considered by him.
5th. In view of these various facts. viz:
The original hearing by the Postmaster
General in person. the confessed divided
jurisdiction of the assistant attorney gen.
aral of the Post Office Department, the
complaint Of Wedderburn to his de-
rrivation of hearing by the head OF a CO.
ordinate department, the possible necessity
II having several hearings in This depart
nent to the great and unnecessary con-
sumption of time by such separate hear
ngs, we deemed IL wise and proper to sug-
yest your presence at the hearing
9th. At the announcement of your reply
It the hearing on the morning OF the 10th
he honorable assistant attorney general
appeared to be offended by the request we