The national Republican., 1867-07-22
TIE COURTS.

EQuITY CoURT--Chief Justice Cdriter.-
The court opened on Saturday at 10 o'clsck, and
having postponed other business, took up
! ,0o4. j. Q. Wetmore ys. The Stats Of Ohio
and Gen. u. r. Cowen. This 10 an application
for an injunction to tho defendants, rsstrainine
them from taking possession Of certain book
and papers Of the Ohio State agency In this city,
BY action Of replevin, or otherwise, and removing
them beyond the Jurisdiction Of the court
Messrs. Hinkle and Ford appeared for the State
Of Ohio, and Mr.. Riddle for Mr.. Wetmore.
Col. Sol, Hinkie moved to dismiss the appllca-
ton, and the case thus came up upon bill and
motion.
Col II. based his motion upon the ground ,ha,
the State Of Ohio had not bsen served with pro.
cess, and could not be sued In this court I'd.
The want Of equity apparent on the face Of the
1t appeared that Mr.. wetmore held tho posi-.
tion Of agent Of the State Of Ohio for tho aid Of
her soldiers in this city. Tho agency was not
created By any law Of the State, but grew out Of
the patriotism and philanthropy Of ohioians rssi.
dent In Washington, who started the matter at
an early period Of the late war; but II was
adopted By tho State, which paid tho salary Of
the agent his ofhco rent, clerk hire, and station.
cry expenses. At first Il extended general RELIEF
to tho Ohio soldiers, but after the Sanitary Com.
mission perfected Its work Its business consisted
mainly In aiding tho soldiers to receive their
pay, bounty. and pensions. Several statutes
having reference to the agency, recognizing and
providing for II, were made by the Ohio Legisla-
ture, and at Its last session an aot passed direct
ing the transfer Of all papers relating to unnn.
ished business to the State capital.
On the lst day Of July last Mr.. wstmore ro-
signed, about two million and q half Of dollars
having passed through his office, and being nd.
mitted on all hands that he had discharged his
duties with fathfulness and efficiency. Seine
weeks ago Adjutant General Cowen, Of the State
Of Ohio, called on Mr.. Wetmore and demanded
tho archives Of the agency for the purpose Of
carrying them To Columbus. Mr.. wetmore,
claiming the archives as his private property,
declined to surrender them, whereupon he
alleges Gen. Coven stated that he intended to
obtain possession Of them by action Of replevin
To guard against this q few days since, Mr.
Wetmore fled bis bill, as stated above, for an
injunction to restrain the threatened action. A
rule on Gen. Covsn to show cause why the In.
junction should not be granted was Issued, and
Gen. Cowen appeared thereto BY Col. lIinkle,
who, as mentioned above, moved to dismiss the
bill on the ground that the case had no legal
status In court.
Col II. referred, as authorities for his propo.
stion, that the State Of Ohio could not DO called
into this court-art. s, sec. 2, and amendment
. Of the Constitution; and Pennsylvania vs. the
Wheeling and Belmont Bridge Company, IS
Howard, 5lS. The bill did not aver that Gen.
Cowen had an Official relation to tho State Of
Ohio, so as to entitle him to respond In the
name Of the State; and as II was admitted that
the whole case. was between Wetmore and tho
State, and as no process served on Coven could
effect the State, tho bill showed no cause for
the Intervention Of the courts, and the case must
60 out on the plaintiffs own showing. As to the
general merits, the State paid this officer; he
called himself her agent she supplied him with
office, clerks and stationery the archives Of that
Office were the archives Of an agent of the State
in his capacity as agent, and, therefore, tho
archives Of his principal, the State. The object
Of this agency was TO enable the veteran 10 oh.
tain his dues. II this injunction were granted,
this object would be frustrated. These papers,
essential for the purpose Of securing debts due
Ohio soldiers by the Government, would remain
In private hands, and II might be that these
veterans would have to pay for the use Of svi.
dence which the State had sustained In office at
the capital, especially to give them without cost
He argued that the State could not prosecute an
action Of replevin, as It could not give bail.
Mr. Riddle had hoped that the defence would
have filed an answer; told them the relation Of
Gen. Cowen to the State Of Ohio, and set forth
explicitly his authority and demands Let them
say what they wanted, and Mr.. Wetmore would
understand what course to take. He knew the
history Of this agency II was founded by pri-
yate citizens from philanthropio motives, and
was not intended to perform public functions
Even when the State adopted 1t 1t was merely
that the Ohio soldiers might have Trustworthy
officer to transact private business. No public
function entered into the matter. Mr.. Wetmore,
rs the agent Of Ohioians, had transacted bust
ness Of over two millions Of dollars tho vouchers
for which, the muniments Of his zeal, patriotism
and good faith were In these very archives which
1t was now proposed to wrench from him. He
NnII Ind NkuN L..
papers at any time at Columbus. That Is, he
was to have the precious privilege Of travelling
FIVE hundred miles, examining, hat In hand, his
own papers, paying for an aficivs copy Of his
own documents which were made by him and
which owed all their Significance, not to the
State Of Ohio, but to him. These papers were
Of essential importance to him and to the inner.
itors Of his estate, II he left any, as 4 ready
means Of answering any claim Of malieasance.
He had title to an honest namei he wanted to
keep the muniments Of title.
The court held that the peril to the property
was too uncertain To justify tho Intervention OF
its injunction. 1t regretted that such q case
should come before court ofjustioe. Both par.
ties undoubtedly desired to do right, and II was
probable that such an adjustment could be made
as would satisfy both parties, and sacrifice the
rights Of neither. As to the general question,
the State Of Ohio, as q guardian Of the private
In the public service had an undoubted right to
establish IN agency In Washington, the purposes
for which the bill showed It did establish the
agency in question. Acting for the State, paid
by the State, and in an office, all the expenses
Of which came from the State treasury, II was
impossible not to hold that the office was q State
office, and the archives the property Of the State,
and, Of course, subject to Its order. There might
be peculiar class Of property--youchers, &C.,
Of claims paid-whch Mr.. Wetmore would be
entitled to hold for his own protection. The line
between the two classes Of papers could be read.
lily drawn. As to the injunction to be prayed
for, 1t must be refused, the rule to show cause
dissolved, and leave granted to withdraw tho pa.
pers.
960 Truemans VS.. Geldins, OF al. Order az
pointing X. Ii. Larkey special order to take tes.
timony and report the prOpriety Of sale Of certain
real estate.
1905. Mills vs. Wilson, OF al. Decree appoint.
ing W. s. Cox trustee, yico Stone, deceased.
9g7. Mansell vs. Mansell. Order Of publica.
tion as non.residAnt defendants.
O5l. Wigett vs. Ryan. Order appointing
Catharine G. Ryan guardian ad Item.
1907 Thomas VS.. Dyer el al. Order appointing
S. B. Bore man guardian ad Htsm.
The court then adjourned until this morning
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