The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-10-26

SUPREME CoURr-i GENERAL TERu-Chist
Justice Cartier and justices Hyife and Fisaer-Yss
terdAy the court was engaged upon
THR nav JAIL IsJCsorioH.
The court resumed the moderation Of AdAir OF al
vs. The Secretary Of the Interior; application for
ipj unetion to prevent the defendant from making
contract Tor the new District jail.
Mr. Wilson opposed the motion lat. There 1, not
before the court such Information and proof would
h IiLs the petitioners TO claim an inj uaction
ID. That In tho eireu instances Of the case, even
all the allegations are considered proved, from res
Of public policy, the eou't viii not g'Gnt an
jupetion until the cIming In Of the answer.
Sd That the Individuals who comp. ain have not
shown such direct and personal right and interest 10
the matter as to call in the aid OfA court Of equity
18th. That they did not all.ge that the acts they
soug hit to enjoin would work such direct and par.
euIsr injury to each one as would entitls them to
an mi auction.
end OF preventive equity would 10 obtained by walt
leg unu the Secretary had sought to draw money for
payment Of the alleged unwartantsd contracts.
9Th. That the acts sought to DO restrained are re
erred to the discretion OF the Secretary by the law
aud discretion cannot be epjolned.
The acts set forth In the bill Of eomplalnants are
such matters rs Of necessity must be left In great
measure the discretion OF the Secretary the law
pointing out Ia general terms the methods to be
pursued, but leaving the details to the executive
officer Courts Of Equity could not be called on to
set upon all this details OF tho building Wherever
discretion given the court mad right to con
troll that discretion.
The Chief Justice wished to know II the law lef
10 the discretion OF the Secretary the submission
the plan to the engineers, Messrs Msgs and hulls
Mr. Wilson that the law lef TO the discretion
OF the Secretary the question what Is subms.oBf II
the general ideas have been approved by Captain
Meigs, the Secretary might think that the law re-
CURED submission Of details
Amer short recess at noon,
Mr. Cook, for the I'M unction, held that the grounds
Of Mr. Wilson were In some cases not sustained by
the books. and whore they wero so sustained, they
aid not support his position He eontended that Auy
taxpayer had right to an iuJ auction to prevent,
not alone the collection Of taxes for illegal works,
bat to stop the execution OF enterprises undertaken
without authority by oihsials In reply to ques-
ton Of Justice Wiley. Mr. Cook argued that the Sec
rotary Of the Interior was, In reference to III mat
ter amenabls to be Joined by this court, Ard sub
eet to puush ment for not conforming to its In uue.
ton He continued, arguing that while the power
Of the court to snJoin OH stalls In the performance oil
ever extraordinary functions were attached to Of
feial such duties as are evidently required Of The
Individual rather than Of the funetonary the ocial
WAS to those functions subject TO the supervision
Of the courts.
1t had been argued that because the treasurer was
bound to see that OF Congress carried out before
no paid the contract money, the tax payers were
sufficiently protected and the auction should be
directed to prevent the withdrawal Of the money
from the treasury But the city TREASURES were not
thus guarded, and had they been 1t would have been
a mere accumulation Of remedy, and would not
supersede the remedy by Injunction. Mr.. c. made
especial reference to each Of the points In which Il
is charged th.t the Secretary has gone outside the
each sought TO convince the Court that the Allaga
ton was sustained by the facts. Throughout h,
quoted numerous authorities as sustaining bis views
Dnrnr the cOurse Of the ara nt Illusion hAylpI