Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-21
HEA RING MENT
Submission of Testimony in Wedderbum's
Case Completed.
Dfscussfng the Firms Mcthod.-Mr.
Edison Replies to Mr.. Tyner's
Statements.

The hearing before Assistant Attorney
| General Tyner in the case OF wedderhurn
| & Co.. who have been called upon TO show
cause why a fraud order should not be
| issued against them, was resumed at 10
O'Clock this morning. The submission OF
testimony i'm the case had been completed
on the evening before and today was de-
voted to arguments by the attorneys.
VIM. Small spoke for an hour
c. A Snow spoke briefly in favor Of the
| issuance OF the fraud order
VIM. l.. Ford. of counsel for the respond
| ents. discussed the evidence submitted and
considered previously before the patent Of
| flee
MIR. EdsOn's Rejoindcr.
Mr.. Joseph r. Edison of the committee
representing the Patent Bar Association
| in the prosecution of wedderburn q Go.
said this morning. in reply to Assistant At
torney General Tyner's remark in yester-
days Star: 1t will be observed that the
| first appearance of the first letter 10 the
Postmaster General was in a newspaper.
1 have to say that said letter was given 10
the Postmaster Generals private secretary
| in the afternoon. and made its first APP
pearance in newspapers the next day, and
| that the counsel for the prosecution nor
either of them had anything TO do with
said publication. and its appearance the
day after it was personally delivered does
| the part OF the newspapers
Mr.. Tyner is in error when he states
that our proposition to the Postmaster
General to preside at the hearing is
akin to a proposition made by an attorney
| in case before court that a tribunal
should be changed before he proceed to
try his cause for the reason that under
the statute the Postmaster General IL
charged with the investigation of the a.
legged violations Of law. and has therefore
OF .ginal jurisdiction of the charges against
Wedderburn & Co.
The letter of the Postmaster General of
the 18th instant confirms this position by
stating that he had referred the charges
against John Wedderburn anu John ed
derburn & Co. TO the assistant postmaster
general for the Post Office Department.
Mr.. Tyner says that our appeal to the
Postmaster General 10 appear himself was
an extraordinary proposition of creating a
tribunal precisely in accordance with their
suggestions and 10 meet their wishes
and interests.
I'm other words. that in asking the POST
master General and the third assistant
postmaster general to sit at the hearing
they were trying to pack the court: that
the interests of the defendants would be
Jeopardized il we were allowed 10 construct
the court to further our wishes and in
terests'"
An Inconsistent Assumption.
1.-THE assistant attorney general had on
his desk at the hearings numerous copies
charges were made. which he freely dis
trihuted to counsel present. These laws
and the printed regulations for their inves-
ugation and enforcement on tie backs
thereof make no mention whatever OF the
assistant attorney general, but the stat
utes do mention the Postmaster General
ard evidence that shall be satisfactory TO
him.
The law thus beirg addressed to the
public ard the Postmaster General alone,
the assumption OF Mr.. Tynef that III, re
was a rule or a practice giving him .x-
elusive control of the subject would be
irccnsistect With these Laws. The ho.-o-a-
BILE assistant attorney general has no. AMI
cannot produce any statutory regulation
providing in lacC-1agC or intcNlrne7lt that
the Post.na Ster q neral in person is to
lie or can be ignored in the ira rs 2ction Of
any business before Ms Department.
4 Contradiction.
Il was not asked by Mr.. Tyncr if de-
sired TO continuc in The case. but in reply
to remarks by Mr.. Tyner tending To srew
that in mis- opinion lette: n5icd:cl an
unwillingness 10 proceed with TIE trial be-
fore him. 1 answered. No. sir to a q;:es-
ticn from him 10 show that tie letter was
not written. for the reason stat%l by him,
and that L did not want To nor would |
Withdraw on that account Bui thu al. -
ton wkether my associates, ore of VIM
was ahse mt, and myself would with..ray
from the case in view of the remarks BY
Mr. Iy ner was an entirely different matter.
Il attended the hearing the following
Gay for few minutes in order to ten
certain testimony and exhibits for eyaini-
nation. An adjournment was tnen taken
from Saturday until L. am. the following
Tuesday l did not secure a full meet.n.,
with my associates until Monday evening,
ard cur letter of withdrawal was delivered
before 10 am. Tuesday morning"