New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-10-29
GARLAND's SENSE OF HONOR
APPEARING AGAINST THE UNITED STATES.
THE ATToRNEY-GENERAL TRIES TO MAKE GOVERN.

MBNT TRUST FUNDS vALuELEss.
WASHINGTON, Oct. % (SpecidD 1.-The proofs
that Attorney General Garland is sadly lacking In the
fine OF honor which Is essential quality OF the
proper administration OF the Department OF Justice and
which eminently distinguished most of his prede
cessors grow apace and fail by their abundance
and seriousness TO make his Office such reproach
to the Government to compel his resignation from the
Cabinet 1t Is wallrecognised principle at the bar
that a lawyer commit no more scandalous offence
than to betray the rights of his clients. Such conducts
the bamoworthy when he is boand by contract TO
betrayed client to the exclusion OF all other
professional business and when that client is national
government aud the attorney It's high constitutional
adviser case OF betrayal reaches the climax OF
discredit.
The facts arc on record establishing against Mr.
Garland just such lie has accepted private
fee and argued before the Supreme Court OF the United
States for which, had 1t been successful, would
have rendered utterly valueless claim held by the
United States Of 81 2s6. There is proof to show
that 1t may safely be presumed that Mr.. Garland knew
OF tho existence of this claim and Of the effect his appear
ance 10 the would have had he won in his suit
Some few years before the OF the rebellion, the
Cherokee Choctaw and Creek Indians were removed by
the from their lands in Georgia and Florida
tho Indian Territory. The lands they had vacated
valuable, and the Government besides supplying
tom with homes paid them large sum of money, which
it invested and held in trust for the benefit OF these
tribes 1t invested $5Sl,S00 In per cent bonds OF tho
state of Virginia, then valuable security The Depart
rent of Interior still holds these bonds. There has
been regular payment Of interest them since jan
uary 1861 When General Candy Military
Governor OF Virginia he secured the payment OF $4,000
arrearages Of interest but the amount still due the
Indian Fund M to January l. 1886 Of principal and
interest Is 81 3572S6 1t Is said that the Government,
having been unable coec the interest from the state
regularly pays the fund Of the public treasury
Virginia began the work OF repudiating her indebted
consequence Of the partition OF the state. Her
Legislature claimed that West Virginia having chosen
to become a Commonwealth ought to share the old
debt and fixed third the amount she ought to
hear law was enacted agreeing to fund the debt at
twothrs Of Its face value In coupon bonds bearing
per cent interest The remaining third repudiatcd
and the old bonds, whca holders did not choose to
deliver were also Tepudated. SO that the claim OF the
United States against the Commonwealth was swept out
Of existence unless the chose to fund it at
thirds Of its par value In order to make the re-
issue satisfactory. and induce bondholders to accept
Them the faith Of tho State was pledged In the most
solemn terms and the coupons tho bonds were made
receivable payment Of taxes debts dues and demands
due the state. Almost AL he bondhoders, seeing that
thoy had no redress accc, these terms. The Secre
tary Of The Interior neither 5ceptel nor rejected hem
The Departmen, III whatever correspondence has had
upon the subject has aways cognized the fact that the
old bonds In their present shape were not worth the
paper they We're pro cd nd that the only way to
them YaluaDi t. sTcept the proposed terms
and fund them. TIE cl.. n oud yield in the coupon
bonds about S5is:ri, 90. only $4,000 less than the
original Investment. TIE Department has not awaited
itself OF the new lag merely because It had not the
power to 10 80 The authority Of Congress would be
necessary.
few years ago Virginia took another step In repudia-
ton and sought to shave down the already readusted
debt TO carry ont this purpose law was made for
bidding collectors of taxes from receiving coupons in
payment OF taxes Eight suits were brought before the
supreme Court to test the consttutonaly OF TINS act
They were directed against tax collectors and audors
OF the State personally for the oensibc purpose OF pun
i-hng them respass, but the practical effect OF the
suits was to test the validity Of the coupon bonds II the
supreme Court should decide favor OF the bondhoders
IT meant that the state keep her pighted faith,
accert the bonds for the rs she had agreed
pay the coupons and receive them for taNe5 and IN brle
IL meant that the scheme Of reputation must stop with
the exchange OF the bonds thirds OF their par
value. II the decision should go the other way, 1t
practically wiped out Of hath my e4nsNDdo Old
1,rg among tncm wholly without rrs, o,,or
helpo H'''7 - 5ut last March just ailer
tho appolntnent OF. Mr.. Cleyeands Cabinet Coohei
Richard L. Marry OF Richmond. one OF the counsel Tor
fne hondholders heard that the new AUoFioI peuci
Mr. Garland had been retained TO argue the case tor te
defendants really for the state OF virginia. whicn WIS
cou hardly believe that the Attorney General could 50
far forget himself as TO appear g INST tne interest ~ eIo
Government. lending tue moral lnnuehcc :" w., iS TVo
scheme which II II prevailed would cost Tue HoFcru-
than million or dollars 10 test inc pucS
ION ne wrote TO the Department OF Justice, caung It's
ottrnon 10 the claim OF the United states ana asklu:
N I'm view Of that fact. the Department would wish 10
nnear I'm support oi tho b0ndhOlders lie received no
,pnIv lie ucn wrote to the President anu some uhl
1trT received an answer from Secretary Anar 20 whoi
ina letter was referred, saying that tue Interior ePh
| ucnt srarcely thought the Government suIntlcutIy
Interested TO require appearance Mheh the arg
/ ,nents tooL place on March 30, -, II ana 20 NJ.
Garland actually did appear IN four OF tlem' lhese
| were PoindrNtcr versus Grcenhow' ChlWh versus
Tnyior Carter versus GreenhOw ami Moore NeiHnd,,
Grgrnhow The counsel with him were lAchari l.
Nterrck and f. ; Blair. the Attorney General OF u
,nio and those opposed to him were COOhel Ni!aH L.
Rovai OK Governor Daniel III. Chamberlain, W. Is.
IInrnhowcr General Wager Swaync aud senator ENa U.s.
e RENE Court decided that tho state must keep hei
contract and no thanks 10 Mr.. Garland me sworn
custodian OF the Governments interest the ndlah fuuu
was protected . ~. Ia, o,oo,ol al
| LAWYERS who are acquainted with the circumstances
/ When questioned about It he has said that ne wa
retained before he Attorney General, put no"
tbat affects the question NJ impropuety ana bcIY =
LAWYERS are at a loss to discover Mr. ENhrts was =
cfnl of hts reputation that he resigned the conuuet o.
rnse I'm which he was defending company against ti.
Covernueut when he bccalre secretary OF Sthlc ul'
Trsicnt HAYES and 1t must be plain 10 any sctu
/ ncr.nn that Mr. Garlauds duty was TO take siui'
tinn Others OF these coupon cases are hoc'u III tl'
Srs,nc Court FOR November g. and IL j. understood ma
tFa Attorney General still proposes to do all he eau "
invalldatc the Indian Fund.