Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-03-15
The Case OF Mr. Dana.

The Senate Committee on Foreign Rela-
lions at its meeting yesterday took up the
nomination of Richard II. Dana IT, for min
ister to England, and heard an argument
from Gen. Butler in opposition TO his con-
nrmatiOn, on the ground of his alleged liter
airy piracy. II Is understood that the COM
mittee were sufficiently impressed by the
argument and by the evidence brought for.
ward to sustain il, to cause them to suspend
the nomination in order to asOrt the Presi-
dent an opportunity TO withdraw it. Sena-
tor Dawes, il is stated, has received a tele
gram from Mr.. Dana, asking that action be
delayed until he can be heard. This oppor
tunity will doubtless be afforded him. The
nature OF his defence may, perhaps, be gath
cred from an article in the Boston Trans
SCRIPT, explaining the charges made
against Mr.. Dana, which are In con.
nectiOn with his edition of "Wheaton's
International Law" 1t says that IL
was formally agreed between Mrs. Whea-
ton and Mr.. Lawrence, in consideration of
some negotiations by which Brockhaus, of
Leipsic, was TO pay the former 5000 francs
that she was "to make no use of Mr.. Law
reDce's notes In new edition [Of Wheaton's
Elements without his written consent"
When In 1873 the seventh edition of the "EIe-
ments" appeared with Mr.. Lawrence's notes
and annotations, entitled "LaWrence's
wheaton Second Annot ated Edition." the
title of the book was thus changed without
the consent of Mr.. Wheaton's representa-
tives, who owned the COPYRIGHT, and the
editor had embodied, as the owners alIege
his own peculiar views of political economy
which were adverse to the then prevailing
sentiments Of patriotic Americans at home
and In Europe. The representatives OF Mr.
Wheaton then employed Mr.. Dana as a new
nd Of In he CSC
peared, with his name as editor. The Tran
script adds:
"Mr. Dana had no knowledge OF any agree
ment between Mr.. Lawrence and Mr.. WneS-
ions representatives, except the one above
quoted, and the whole claim Of Mr.. Law
renee rests on the question whether Mr.
Dana had the right TO cite the same authori-
ties on given topic that Mr.. Lawrence did,
and at the same place. In rendering his de-
cision Judge Clifford decided some points in
favor OF both parties, laid down the princi-
pies Of law applicable 70 the case, and re-
port upon the annotations. Mr. Lawrence
never obtained an injunction, the whole edi-
ton has been sold, and the parties are think
ing OF getting out another. The questions
involved are purely of a private nature, re-
lating 10 a contract which Mr.. Lawrence
alleges was made with him by the Wnea-
tons, with which Mr.. Dana has nothing to
do. Mr.. Dana is but one OF the parties To the
suit, which must, from the nature of things
ultimately be decided by the United States
which impair his fitness for the position to
which he has been nominated"
Nowadays the failure OF a heavy house
creates feeling of uneasiness in the fnan-
cial world, the circumstance being generally
regarded as preliminary 70 the downfall OF
other important business institutions. In
The case OF the failure of the Bank of the
State of New York, however, ii is satisfac-
tory to believe that apprehensions of further
disaster consequent upon IL are probably
groundless. The vice president of the First
National Bank OF New York regards the
failure as of no commercial or financial i'm
portance, while the president Of large Wall
street bank says there will be no panic, and
that no other bank will be unfavorably
affected. A prominent member of the New
York Stock Exchange said yesterday that
the failure would probably cause affairs in
Wall street 10 be unsettled for a few days,
but that any excitement occasioned by II
would soon die away. He could not see any
reason why IL should cause any other fall
ures- The failure OF the bank seems TO have
been due 10 overdrafts secured only by cer
tain patents upon which no money yaIue
has yet been established, and loans but par-
TALLY secured. The vice president of the
bank In also said TO be a debtor to the bank
10 the extent OF $50, 900, secured by real es-
tate worth less than half that amount.
Twenty-se Senators were absent yes
ferday or declined 10 vote on the bill reduc-
ing the Presidents salary to s25 900 after
March 4, 1s77. Had these absentees been In
their seats II is by no means certain that the
bill would have passed, since out OF forty 81 <
votes cast IL received q majority of only six.
An analysis Of the vote shows that the SUBJ
sect was not made party question. Eleven
democrats and fifteen republicans recorded
their votes In favor Of the reduction, while
i've democrats and fifteen republicans vote
against IL. Several possible candidates for
1be Presidency, Messrs- Conkling, Thurman
and Morton, voted for the reduction, " ollie
Mr.. Bayard voted against IL. 1t is not i'm
possible that . full Senate may reverse the
Rcsiga Of yesterday.