Evening journal., 1913-05-15
NEW NEWS OF YESTERDAY
How ROsSOe COnkIinG Missed
a Fat Retainer
By ROLAND

When the late General Stewart NJ.
woodford was United states dis
trict attorney for the southern dis
trict Of New York. his attention was
called by his superiors at Washing
ton to an action which had been
brought against the postmaster Of
New York seeking the recovery Of
some seventy thousand dollars for al
legged infringement of patents in con-
nection with the use of stamping ap.
paratus.
General Woodford, in after years,
used to tell the story partly to illus
trate how near United States Senator
Roscoe Conkling came TO receiving a
handsome fee for uprofessional serv-
ices for the government
THE postmaster at New York city
was summoned, about the middle OF
Grants second administration, to an
sWer to a charge made by the pro-
fessed owner Of patent for a ma
chine used in cancening postage
stamps said General WoOdford
THE postmaster was charged with
4
case was referred by the court to a
referee 20 fix the damages. He found
that, provided there was absolute in
fringement, the postmaster at New
York was personally liable for about
$4,000. He could not have paid that
sum- and his bondsmen might have
been called upon to pay that amount
"The case was tried before the late
Judge Wheeler. then sitting at Bur-
lington, VT, which was in the New
York district. He found for the
plaintiff
The matter was becoming very
serious The ease against the New
York postmaster was admittedly a
test case. If the courts found him
liable then action could be brought
against practically every postmaster
in the United States. II was esti-
mated that the total amount which
might be recovered would reach
something like half million dollars,
perhaps even more.
THE decision In the District Court
was handed down shortly after Cen
erai Hayes became President He
was appealed to and he realized the
very great Importance the matter
was to the government aud to the
pOstmastors of the United States He
al once directed that an appeal be
taken TO the Supreme Court.
President Hayes said: 81 wish you
would go to the office of the postmas
tcr-general and lay this matter be-
fore him. 7 myself will at once ask
the attorney general. Charles Devins,
to look into the matter.
Then, after rejecting moment.
the President said: II suppose the
postmaster at New York would like
To retain able counsel The postmas-
ter was present when President
Hayes said this. His reply to the
suggestion was that he would like to
retain Senator Roscoe Conkling TO
argue the appeal before the Supreme
Court.
81 thought YOU would name SEN
ator COnkling,' President Hayes said.
He smiled rather significantly be.
cause he knew that Senator Conkling
was at personal odds with him, yet
he intimated that in his opinion
Conkling was just the man to retain
for this purpose The retainer would
probably be not less than ten thous-
and dollars.
With the authority of the Presi-
dent to retain Senator Conkling,
Postmaster James went Immediately
10 the postmaser-g generals office. He
Was just beginning to lay the matter
before the postmaster general when
message from President Hayes
urged him to return Immediately 10
the White House.
He drove rapidly to the White
House. and he found the President
and General Devins. the attorney
general. in consultation. The Presi-
dent said General Devins is so
greatly concerned over this matter
and believes il to be of such great
Importance that he will himself argue
the appeal before the Supreme Court
He believes that the case has not q
leg to stand upon As General Devius
will argue the case, It will not be ne
cessary for you to retain Senator
Conkling'
Probably had there been a delay
of half an hour in the conference be.
tween the President and the Attorney
general, Senator Conking would have
been retained. Attorney-GenerH Dew
ins did argue the case before ihs
Suprme Court and the other side
was represented by eX-Attorney-Geii-
eral George +. Williams The Su-
preme Court, by unanimous opinion
decided against the plaintiff. and the
postmasters OF the United States and
their bondsmen. who had been in
great anxiety lest they be compelled
TO pay heavy damages, We're OF
course greatly relieved when they
learned what the decision of the Su-
preme Court was
Copyright. 1918. by T. J. Erwards
All rights roqprvod /