The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-31
Judge Cox Denied the Application and
Said the Complainants Had No
Standing as Taxpayers.
BANKERS AID MIR. CARLISLE
New York Syndicate Has Agreed
to Take the Bonds.
Attempt to Embarrass the Government
Denounced by John Sherman i'm o
Speech in the Senate.

WASHINGTON, Jan. 3O.--Judge Cox. OF
the District Supreme Court, this morning
declined TO grant the application OF the
Knights of Labor to compel Secretary Car
Isle to show cause why he should not be
enjoined from issuing S0.000.000 OF bonds, as
proposed in his recent bond circular Judge
Cox, in his decision, declared that the
Knights of Labor, as an organization, had
no standing in the court to maintain the
injunction, and his opinion also sustained
very fully Secretary Carlise's right to is
sue gold bonds. The knights of Labor will
appeal.
"On general principles the Judge said,
mo person can legally begin action against
an officer of the government unless the
rights of property of complainant or COM
plainants are involved. The application OF
the Knights of Labor asserts that the men,
bers of the organization, as citizens and
taxpayers, have a right to the injunction.
and that should the bonds be issued the in
terest will practically amount 20 tax Of
about 81 head in the country. thereby re-
sulting in an outlay OF $4,000 to the
knights of Labor. Now, there never was a
per capita tax in this country. No law now
in force requires the payment Of direct
tax, though there was one In 1Si0,and an
other in 1861 Should such a law exist the
complainants have not shown that they
are property holders. They have stand
ing in the court as taxpayers, and no legal
right in the question as to a bond issue.
The claim that the interests of the organ
ization are different from the general pub
lie and would suffer more than any other
class (referring to the claim that many
knights were miners) by the issue is a
grievance of discrimination, but IL gives no
standing in judicial proceedings Conse-
quently, as taxpayers or as miners, the
complainants have no standing in court"
Judge Cox then reviewed the laws bearing
the question, and declared 1T was un-
necessary to enter into a discussion of the
rights of the Secretary to make the issue.
The Secretary. he said, had legal authority
to issue the bonds when necessary. General
Secretary Mcguire, of the knights. will ap-
peal from the decision 10 the District
Court of Appeals, and from there eventual
ly the case may go to the Supreme Court
of the United States.
Secretary Carlisle this afternoon received
a dispatch from New York saying that s20.-
100000 of the fve-per-cent bonds had been
subscribed for. The Secretary is now con-
fident that the whole issue of $50, 200 will
be subscribed for at II725 or higher. The
Secretary declined to make for publication
any statement OF the results of his trip
the department that the statement at
tributed to the Secretary while in New
York that II the subscriptions run UP TO
s75.occ.oOO he intended to sell that many
bonds was incorrect 1t is said that if
the Secretary had wanted that amount OF
bonds he would have so stated in his cir
cular inviting proposals for them
Treasury officials received with unfeigned
satisfaction the decision of Judge Cox dis
bor for an injunction against Secretary
Carlisle to restrain him from issuing bonds.