The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-30
Tim bond rSJUScrloN.
The Application aiado licroro Judge Q,
iiy the Attorneys for tho lnli iits of I,

Ivy me Attorneys for tho KnlIh OF In.
bOr. E
WAsulSoroS. D. G., Jan. 2o.-Arcu.
mcnts were to-day heard before Judge
Cox, OF tho district supreme court, on
tho application OF Grand Master Work.
man Sovereign aud 7. i. McGuirc, OF
tho Knights OF Labor, for mn injunction
to restrain Secretary Carlisle from Is.
suing S5O, 900, 900 bonds, as proposed "
his recent circular. Judge Cox reserved
his decision. aud announced that 10.
morrow or Wednesday no would state
his conclusion In tho case.
Only u ecoro OF persons heard tho or.
guments, Tho applicants for tho in.
junction woro represented by Senator
Allen, OF Nebraska. Judge Zero Wilson,
Q. O. Cole, OF Dos AIoincs, Iowa, and J..
W. Mills, OF Denver, Colorado, oil Of
whom took part In tho argument. Tho
court was asked TO compel Secretary
Carlisle to show cause why tho writ
asked for should not be granted.
Judge Wilson, In opening tho case,
referred to tho fact that there was no
other judicial tribunal to which tho up.
plicants had resort under the circum.
stances. Ito declared that no other
business would sustain Us much injury
or damage by the bond issue as that OF
tho miners, who form large percentage
oil tho 5000 or more members of the
Knights OF Laber. Though tho secre-
tarv, In announcing that bonds would
DO issued, cited the act OF January IA,
1875, providing for specie payment 70.
sumption as authority for his action,
neither this act nor that OF July IA, 1870, /
authorizing tho rounding OF the ma
tlonal debt conferred the authority.
Counsel Mills then read tho applica.
ton. "The issue OF the bonds aa pro.
posed" cited tho application, "involvea
an indebtedness approximately OF $75,-
900, 900 including principal and Interest.
Your orators complain that on January
IL. 1904, the defendant, John Griffin
Carlisle. secretary OF the treasury, caused
to be issued, published and offered for
public subscription an issuo OF United
States bonds to the amount OF 500, 0OO,-
900 redeemable in coin at tho pleasure
Of the government after ton years OF
date Of issue, but bearing interest ut s
per cent per annum and dated February
i, 1904. :
= Orators further show that the pro.
posed action for tho issuance and sale
OF bonds offered by the defendant Is IL
Legal, without any authority and. con.
trary to the statute Of the United States
in that the bonds are not proposed to
to be issued or sold to redeem tho loyal
tender U. S. notes. Further, that by
the act OF July IA, 1870, there was an
any bonds so rs to increase in any way
whatever the bonded debt OF the Uni
ted States. It is also averred that tho
act OF January II, 1874, was amended
by that OF May 81, 1878, SO us to with.
draw from the secretary Of the treas.
ury the power TO redeem any more
OF said legal tender United States
notes, and that there were outstanding
when that act took effect $346,00O,000
OF legal tender United States notes. 1t
is further shown that there is no de-
mand now nor has been any practical
possibility that demand will or can be
made ior any further redemption OF the
legal tender notes. The proposed nc.
ton under the published offer for sub
scription is not only without authority
OF law and contrary thereto, but with
out necessity or sanction in the condi-
ton Of tho United States treasury, for
there is in the treasury SIS, 100000 Of
United States gold coin which may
rightfully and properly be applied
aud used for tho purposes for which the
bonds arc offered ior subscription are
proposed to be sold. Neither tho neces-
ment require issuance OF the bonds,
while such issue and sale arc prohibited
by the laws. But now the defendant,
combining and confederating with
divers persons mt present unknown. at
times, pretends that the issue and sale
is necessary to maintain Sl00,000,000
gold coin reserve for resumption and
other purposes; whereas, there is no
law or authority requiring such re-
serve. Nor is such reserve desirable or
practicable. All OF these actings and
pretences are contrary to equity and
good conscience. And that an iniunc-
ton may issue against the de.
fcndant, his confederatos or en-
ployes, against the issue and
sale OF tho bonds and from expending
public moneys in preparing and placing
on the market for sale the Issue OF
bonds. aud in paying any instailment OF
interest on tho principal. and it may
please the court TO grant unto your ora
tors the writ TO subpmnat TO john Grit
fin Carlisle and conlederatcs and agents
by certain day under certain penal
.ty to appear before this honorable court
in chancery sitting then and there to
answer this premises aud further to
stand to and abide by such orders as
shall be agreeable to equity and good
conscience"