Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-19

fact we certainly should not have moved in
the same direction.
eth. The Importance of this case IN that
IL las affected the interests of people in
every section of this Union. and the fact
that the evidence concerning the alleged
frauds before tire commissioner of patents
called from that official the statement that
the disclosures of the extent to which such
frauds had been practiced We're startling
were enough. in our opinion, TO command
the personal attention of the head of any
department of the government having
jurisdiction of the infraction of the law by
reason of such transactions. For this rea-
son alone We could see no impropriety in
requesting you to sit in the hearing of this
cause. In the course of his remarks
IN regard to our communication in uues-
non to you and your reply the assistant
attorney general was also pleased to add
that we represented no one and stated
that We were at first present by our own
invitation; that he invited US to return but
that now if We Gid not wish to try the
case before him we could invite ourselves
away.
These remarks. of his honor were also
gwen To the press Without questioning at
an the dbiilty al the assistant attorney gen.
efaI; ana MS capacity to impartially dispose
cl thlS matter without the aid of our pres
ence. II may be Well to remind him that in
q matter which so deeply affects the honest
administration of law. and which involves
the Floia tioA OF positive statutes, any Amer
lean citizen has the privilege and may
properly regard ii his duty to appear
before the proper department of the gov
eminent and to call the attention of the
proper public servant in that department to
such 4 matter, whether invited or not: and
that such citizen must wait upon the inyi-
tauon or courtesy of an official as a pre-
requisite IN the performance of this right
ana duty IS In our opinion an exceedingly
novel doctrine to present to the American
people.
As a matter of fact the undersigned were
delegated to appear before you in this mat
Ter Low :. body of rauutahIp of
and other cities, known as the Patent Law
Association, the clientaSe of whose men,
bers may be found in every part of this
country and which association has for its
objects among others the maintenance of
the standard Of its profession, and to see
that the laws of the country relating to
that branch of business are duly observed
for thu benefit Of that clientage and of the
country at large.
Finding that these laws were being made
q trdvcSty of by Il scheme of fraud that
Was b@coEiihg Il stencil everywhere and
that two great departments Of this gov
crnment We're unwittingly being made the
Instrumental ties for the continuance of
such fraudulent scheme, that association
deemed ii its duty and its privilege to aid
these departments in ferretins out and end
ln5. II possible, such work. and to this end
appointed from its members committees TO
represent II before the departments refer
led Ia. The undersigned, constituting one
81 sale! committees, would regard it's duties
lily performed il they did not emphatically
express their right to appear before YOU in
this business with or without the invita-
tls'h OF the assistant attorney general of
the Post Office Department and to respect-
1uliy invite youI personal attention to this
grave matter.
Both as to the matter of fraudulent
schemes for obtaining money under false
pretcnses by the use of the mails and the
matter of fraud as 10 the second-ciass mail
Your department is given peculiar means
Tor procuring evidence satisfactory to you
fET ~,
lent schemes They are matters which af-
feet the general public TO a greater extent
than the gross misconduct of d patent agent
III the conduct of his business in particular
cases before the patent office. The com
missioner of patents has rendered your de-
PdTtInent a very large amount of eviie ace
n both OF these points. some of which has
Leen filed before you AT our request by
TIE commissioner of patents. There is adj
Clti6nai evidence on these points over which
We have no control, but which can he fur
EiShed al your request But why should
We strive to have il filed before d tribunal
which alleges it has but partial jurisdiction,
and before which We were told that
might consider ourselves no longer ilNited
10 appear
In conclusion. we have to say that hav-
ing stated our position and understanding
OF the case 20 the assistant attorney gem
sal having referred him TO the particular
evidence III support OF the charges and
whore il may be found, and which is not
WITHIN our province to obtain or file bat is
Within yoGrs, having invited your personal
attention 10 the grave matter of national
iiaportance, arising in Two branches OF
Your department. and having had our posi-
ten and efforts fnisapp-ehended. and
rights questioned. We have concluded to
withdraw from the case.
Very respectfully yours.
JOSEPH X. EDISON,
WA. II. DOOL1TTLE,
r. G. SOMES.
l signed the request with the other MEM
bers Of the committee of the Patent Law
ASSOCIATION that the Postmaster General
and the third assistant postmaster general
sit in conjunction with the assistant attor-
nty general for the Post Office Department
IL the trial of the charges in question in
oTder that the whole matter might be de-
teFmlned at one hearing, and without aI.y
intention of reflection upon the CAPACITY or
Integrity OF the assistant attorney general
and ds the Postmaster General did sit in
person at the hearing OF this very matter
when the initiatory steps were taken the
request was ernincntly & proper one TO be
made did not happen to be present when
the assistant attorney general INDUCED in
the dtscJuJesy published in The Evening
Star. but the lack of judicial temper dis
played 10y the present tribunal induces me
TO concur with the other members of The.
committee III Withdrawing from the case.
F. c. SOMES.
Mr.. Edison Explains.
Mr.. Joseph II. Eison, one Of the with
Inc situation that the counsel for the Pat
ent Bar Association had not withdrawn he
cause OF any primary objection to Mr..
Iyner as presiding officer. bat because
after the discourtesy and indignities suf-
tered curing the hearing at his hands. they
could not with any self-respeCt aDnear
further before him. They were moi there
NJ sud. as individuals and not there nv
courtesy. They appeared as the authorize1
itlfeS tntatiFes of a respectable body of
citizens organized for the upholdiug of
tEelr profession and the protection of their
cHehts- The suggestion that Mr. Gary sit
IL the case WIS made simply as an effort to
save another hearing. and was entirely
proper.
Proceedings Today.
The proceedings In the hearing of the
case before Assistant Attorney General
Iyner were resumed this morning al the
Post Office department without the patent
bar lawyers attending
4lr. VIM Small. counsel for the original
Petitioners for the fraud order. concluded
ms l'resentation o. testimony and filed a
HaIaher OF newspapers to show that We'd
Nsrcurn * Co still have running their
advertisements as patent attorneys
VIM l. Ford Of counsel for We,Ider-
bdrn q Co. presented affidavits that were
previously presented in the hearing before
Of Ia;v.