New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-14
IN. synof and the General Assembly cen psss ~.
the heresy case pending against me-"
THE COURTS.
Mr.. GRESHAM REFUSES TO INTERFERE !,
THE COURTS MUST DECIDE WHETHER THE rrAr.
Ian CONsUL-G ENERAL Is LIABLE.

THE COURTS MUST DECIDE WHETHER THE IrA,.
IAN CONsUL-GENERAL is LIABLE.
Secretary Gresham las refused TO interfere with tn
courts OF THIS State In the attachment which VA
secured against 81 COO which was In the hands a
the Italian Consul General in this city. The nom,
was placed I'm his hands for the purpose OF ASSURING
the performance Of contract which Henry Bert
made to furnish coal to the Italian fleet OF va.
ses. Another italian. named Guadagno, had claim
against BERT and he secured attachment aeainek
the money In the hands OF the consul. The consui
nrc ,s.d that the state courts had jurisdiction ov
him md the money in his hands, and he wrote h
coron Fays the Italian Ambassador. lie In turn N.
forrpd II TO Secretary Gresham and In letter n Baron
rsva the Secretary OF State refused to Interfere ss
retary Gwsllam's letter is as follows:
NV dear Baron Referring the deposit Of 81 900 m,l.
nv Horny Bert with Tho italian Consul General in Mem
YORK 10 secure the due performance OF Bcrs comma
10 SUNNY the Italian squadron with coal, and referne
.,.o 10 tho proceedings taken By on, Guada2no. ordr
OF Bcr with view Of securing the payment Of the
debt out OF the money deposited have the honor I,
Inform you have received lett,r on the subjee4
from the attorneys representing Guadagno.
In this letter It is explained r'at the Object OF the
,,occea,ngs taken " Guadagno ia To seize attach
thc specinc sum deposited with che Italian Con.
suGcn'ral. Nor Is 1t designed TO enter upon the Con
suar PROMISES In any way TO interfere with ue right
Of the Committeeman hold the money until the COL
contract is ulhd to the satisfaction OF the I,an Gov.
cfnmcnt.
The object OF Gcadasnos proceeding in fact is simply
To notify Consu''ppral that. after inc CONTRACT with
the Italian Government shall have been performed 10 II
s acton the IN his hands shall not be retnrne1
70 rert but shall applied $50 far n Is necessary
tho pa,mnnt OF Guadagno's claim against Ber'i
The service uron the Consul General OF notice to this
effect and for this purpose. does not seem IN any way
TO lcorardze the rights Of the Italian Government It's
NOR v the method by which-always rrcoonzing he SUI
NJ he
don, between rryate persons Der; ana "uad,gsD
after those superior claims have been sat.h'd'
Should the r,onoy lc returned n rti after due fu'
rlnent OF his contract It might happn that Guadsgns
ov,a ,oso all means for the sat. con Of his eans
| VOL know 10 is far from the wishes OF either yok
self or Consulc"r that the mond' OF justice b.
tween two private individuals should IN TINS way De o.
fcated.
You understand that the action alfafy taken by This
Department In this matter ha' been alt g'tner unohcs'
and has bcc for the purpose preventing so far a. lay
IN is power any ANNOYANCE TO your "oNerlmeht or ~
repre- sentatlves.
The Department, however. has no authority 70 ce'f'
mine what are the lights the parties concerned or 70
v rho cour.e of judicial proeeeings IL has done whss
f. could by unofficial representations 10 the authorities
in Ncw.York relieve yonr Government ana It's repre-
sentatves and embarrassment ana IN re-
sponse 10 these rel se1taon has received assurances
that the rights Of your Government ana he treaty pro-
vision, shall he fully recognized.
Dut whether the Consulenera under treaty provisions
is entitled to disregard the notice which has been given
him and whether. consequently. he Will be liable 70
uadagno II he should disregard such notice and return
the money in his Bert questions which the
eourt alone con determine. This Department has no
authority 10 say that would BE- liable under such
circumstances.
II Is desired judicial determination ~ these
questions the tom which the notice Issued WI" no
doubt pass upon them should they b. raised
venture TO suggest that in order 10 facilitate the
presentation Of these questions TO the court II such
course s deemed advisable IL would be well Tor us
Coasnl.Generll 10 employ counsel