The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-31
NO STANDING IN COURT.
Decision Of Judge Cox in the X. OF
l. Injunction Against
Carlisle.
The plaintiffs, az an Organization,
Have no Standing in
Court
The Eacretarv mas AnthorIty 20 Issue
The Secretary Has Authority 20 Issue
and Sell Bonds When Necessary
An Are Taken.

WasurSaroS. Jan. S0-Judge Cox. OF the
district supreme court this morning de-
elined to grant the application OF ths
KNIGHTS OF Labor 60 compel Secretary Car
Iisle 20 shaw cause Why he should MOI be
euioiusd from issuing $50 0o00 In bonds
a. prooosed. The court IA It's decision says
ths application Of the knights Of Labor
asserts that members OF the organization.
a citizens and taxpayers, have right TO
aha iniupetion. should the bonds be Is
sued the interest would rrastieally amount
20 q tax OF 81 a head in the country.
thereby resulting in an outlay OF t5Vo,VVO
for the knights Of Labor.
The court continued; ''Now there never
was per capita tax In this country. No
Law in force requires the payment Of d.
rso,tax. should such a tax exist the com p
plaiuants have not shown that they are
property holders. They have no standing
In court az taxpayers and no legal right In
QUESTION as 10 the bond issue.
"The claim that the interests OF the or
QaniEation are different from those OF the
general public, and would suffer more than
any other class referring TO the claim that
many knights srs miners) Is the grievance
Of descriminat alton, but gives no standing IN
judicial proceedings.
J1doe Cor then reviewed the laws bear
ING on the question and declared 10 unnee-
sarv TO enter into a discussion Of the rights
of the secretary to make the issue. The
secretary. he said. had legal authority 70
redeem notes when presented, and issue
and sell bonds when NECESSARY.
The knight OF Labor will appeal from
the decision OF the district court OF appeals
and the case may eventually reach the
surrsme court OF she United States.
W.sHrSoroS, Jan. 3O.-A significant fes-
ture Of the discussion Of the bond question
In the senate WAS the him stand taken BY
senator sherman Ia favor OF The authority
of Carlisle 80 issue bonds. The gold re-
serve. be declared. Ia q fund which should
be preserved inViolnte, aud he thought 10
even mandatory, rather than discretionary
with Carlisle, TO sell as least sufficient
bonds TO restore the geld reserve
AZ she conclusion OF Senator sherman s
remarks Senator Quay introduced an
smepdment. the purport Of which was the
declaration that the secretary OF the treas
urv had no power, except 20 provide for
the redemption Of legal tender notes Of the
United States, presented 81 the sub-treas-
ury in the city Of New Nork."
Senator Dubois az substitute, pre-
sented the following: Resolved. That 10
Is the sense OF the senate that the secretary
OF the treasury has no authority uad0r ex-
isting Law 30 issue aud sell bonds Of tie
United States except such a. conferred
upon him by act approved Jan. a. 1870,
and the money derived from the sale OF
bonds issued undsr that act cannot be law
fully used for any other purpose except for
that provided therein"
This resolution seemed 10 meet with ia
Vor. II approve that resolution" said sea-
Ator Sherman. Senator Teller said; II
We have reached a point whore the issue OF
A. - for IL n m ii a.
then congress must provide means and leg
islation for the issue OF such bonds"
WASHINGTON. Jan. 30-Sec etary Carlisle
was a. his desk At the tressuary department
to-day. He declined 20 make for publica-
tion any statement OF his trip to New Noi k.
IL was officially stated at the department
that the statement attributed 20 the decte-
tary while in New York, that II subsorip-
tions ran up 10 S75000O00 be intended 10
sell that many bonds. was incorrect. 10 IL
said that IL the secretary had wanted that
amount Of bonds he would have so stated
In bis circular inviting proposals for them.
Treasury officials received with unfeigned
satisfaction the decision Of judge Cox dis
missing the petition of the Knights OF
Labor for an injunction against Secretary
Carlisle 10 restrain him from issuing the
bonds.
NEW YORK. Jan. 80 Bank officials have
reached the conclusion that 10 would be
nlaihke 10 allow the GoNefnment bono issue
10 fail for lack Of support. They fear II
the issue Is not taken Carlisle will endeavor
10 secure authority 20 coin the seigniorage
Of silver in the easury. They also fear
the failure would have bad effect on the
present government. Therefore, President
King, of the Union Trust company, under
takes to form a syndicate to bid Tor TIE
entire issue 81 an UPSET price. It's UNDER
stood that Russell sage and President Oh
colt. of the Central Itust company, will
Cooperate and the movement is likely 10
be successful.