Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-10-27
The Case of Jerome T. Manning.

THE ANSWER OF ACTING SECRETARY FAIR
CHILD AND TREASURER JORDAN TO HIS Ap.
PL1cATIoN FOR AN INJUNCTION.
In the case OF Jerome T. Manning against
secretary of the Treasury Manning and Treas
urer Jordan, filed by Messrs. r. Christy and
W. W. Wiltshire, application for an Injunction
10 enjoin the delivering of drafts for judgments
unoer the Alabama claims court to others than
the complainant, an answer was flied to-day
Oy Mr.. b. j. May. 1t is signed by c. 9. Fair
cnrid, acting Secretary, and Mr.. Jordan.
, lhe nrst protest against the Jurisdiction Of
the court for the reasons that complainant
avers that the court of commissioners of Ala
oama claims on July 29th. 1885, passed an
torney and counsellor at Law in said court, and
the court continued to exist till December 3lst
soioMTing srteT & during which time he could have as.
alleged wrongs but did not do SO. Second. Be-
cause he Is seeking to control defendants by in
junction In the discharge of their official duties.
Third. Because the court of commissioners of
Alabama claims ceased to exist December
1ast ;; last ana has no jurisdiction At this
OF judgments and decisions of said court.
Fourth. The court is without Jurisdiction TO re-
strain strain ana en1oln defendants, as executive of
hcers, from delivering the drafts mentioned in
compla1nants bill, to any person who may be
found entitled thereto, and because this court
is equally without jurisdiction to direct and re-
Quire defendants to deliver ali or any such
drafts into the custody OF complainant They
state that they received from the Secretary OF
judgments and decisions OF the court Of COM
mtssioners of Alabama claims as required by
the acts OF June 9th, 1882, and June Sd, 1884,
ana none Others, and they have no official
knowledge or Information OF the existence OF
any OF the papers or records mentioned In the
bill. They, state fun ther that the complainant
was notified OF the action OF the department and
given the letters of the First Con trOller (Hon NJ
j. Durham), of September 18th and October
11th. They assert that whatever remedy the
complainant had he has lost by kaches in not in
stltuting proceedings before the court OF COM
m1sslOners OF Alabama claims was 5usctus o0acio
they aver that no matter how well the interests
OF claimants are protected it is the duty of de-
fendants to deliver the drafts TO parties en-
titled thereto under the law, the rules of the
department and In accordance with the official
lists ofjudgments and decisions OF said court
received from the Secretary of State. They
aver that they have no power to recognize any
other lists than those furnished and have no
power to make any lists except the lists re-
ceived, nor have they inspected any records in
the State department for The purpose of making
any lists. They assert that they have no
thority TO recognize the list presented by COM
plafnant. They further say that complainant
has no such interest in or right to the claims or
the drafts as would give hIm cause OF action
against the government or any officer thereof,
nor is there any prtvity between him and the
government, but the whole transaction in the
delivery OF the drafts TO complainant would be
merely his selection as q messenger to deliver
the same to the claimant, and there is no such
obligation on them to do this.