Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-06-04

or i've Of these owners appeared in court and
asked for rule upon the park commissioners
TO know why the money was not paid into this
courts as the court had directed them to do.
WHY THE APPLICATION WAS MADE
I'm answer to that petition for a rule the
commissioners said that in obedience 10 the
order Of the court they had drawn a warrant
upon the Secretary of the Treasury. They
added that they did not know why he
did not pay any attention to the war
rant, nor could they tell when he would
pay attention to it. Thereupon there snsued
a conference between the Secretary of the
treasury and Gen. Boynton, representing the
park commission. TO what the Secretary Of
the Treasury desired to have done in the prem
ises and it was at the suggestion of the Secretary
OF the Treasury himself that this petition of the
ing him to pay this money into court. When the
Secretary returned to the city yesterday morn
ing he was seen by the district attorney and
Gen. Boynton, and in the conference he said
that virtually this action had been taken at his
request and approval and that he
and at the reques. of Mr.. Holman:
that he submitted himself to the jurisdiction of
this court and would obey any order it might
make In the premises. l say paper dictated
by the Secretary of the Treasury and setting
forth those facts was ready to be filed by
was made by the Attorney General that moth
ing be done until after consultation could be
had between him, the Attorney General and the
Secretary Of the Treasury
THE INTERVENTION OF THE ATroRNR Y GENERAL
Therefore, say, I feel justified in stating
upon the authority OF Gen. Boynton that the
Intervention Of the Attorney General in this case
is not at the request of the Secretary of the
Treasury and that the Secretary Of the Treas
ury Is prepared today to obey such order as the
court may see proper to make upon him.
Permit me one word further in this con-
nection: ! wish to make this practical sug-
gestion, that undoubtedly, under the opinion Of
the Solicitor General and Attorney General,
from the time that tho President approved
these awards each property owner had
right to himself institute a proceeding
by mandamus against the commission or against
the Secretary Of the Treasury or against both
OF them, and it is a question for practical con-
alteration whether or not tho court will permit
any delay in this matter to drive property
owners, some of whom are not able to EMPLOY
counsel to assert their rights through the form
OF msndamus, when by one order in this case
complete justice can be done to everybody.
There is one other point to be taken into con-
sideration, that these men cannot claim any in
terest as against the government Here are
men, leaving out the Shoemakers and Trues-
DELL representing $500, 900 worth Of property. l
want to know by what right, when there 10 an
explitit law by Congress directing this money
to be paid, an officer Of the government. whose
duty it is to execute the law, can refuse to di-
rect the payment of those expenses.
Mr.. MAURYs REPLY.
Mr.. Maury--It is proper for me to say, if my
friend will pardon me for saying it, that all this
is very extraordinary. There appears to be q
record to the extent Of a petition in this case.
In discussing the rule and the petition why the
need Of all this statement in reference to
and agreements. And if my
friend will permit me to say 80 l would say
that he has made an extraordinary and
inadmissible statement that when the Attorney
General appears here representing the United
States, through one Of his subordinate officers,
he is appearing here in defiance of the
court and on his own account for
the purpose Of making himself an OBJ
struction to the course of justice. 1t
will be time enough when we
shall have made presentation to consider
what are the grounds upon which the Secretary
OF the Treasury has proceeded.
have said this much because have deemed
1t my duty not to let pass sub silentio what was
said by Mr.. Perry.
The Chief Justice-Mr Maury, have you and
Mr.: Perry agreed upon any day?
Mr.. Perry-As between Mr. Maury and me
we can agree upon day. But do not want to
what day will suit and then let the court speak.
PROPERTY OWNERS NOT HEARD.
Mr.. Justice James-No.
Mr.. Maddox would suggest that on
Mr.. Justice James-I suggested to YOU, Mr..
Maddox, that you have not anything to say.
MIR. Maddox supposed we were interested,
and wanted to suggest
POSTPONED TO NEXT FRIDAY.
After further conference the court directed
that the order should stand and the time be ex-
tended until next Friday, at 10 O'Clock, when
there will be hearing upon the answer.
SECRETARY FOSTERS POSITION.
The understanding about the court house in
regard to the position of the Secretary Of the
Treasury was, based upon telephone
message received from him, that he ex-
pected the Attorney General to submit
the answer which the Secretary had drawn
FOR District Attorney Cole yesterday and
with it file the protest of the Attorney General
and in behalf of the latter against the power of
the court to issue the mandate against the Secre-
tary. But the Secretary expected this to be in
the nature Of making the record, as the Attor-
ney General thought it should be, but not for
the purpose Of asking delay.
"