The Portland daily press., 1894-01-22
THE KNIGHTS in COURT.
Their Action Against Secretary Car
Isle To Be Begun.
CASE ATTRACTING ATTENTION In
WASHINGTON.

Lawyers Not Sure But What the Action
Would Have Standing in Court-South
Cardinals whiskcy Case and Judge
Longs Pension Proceeding Cited as
Precedents-The Use of the Gold OBJ
tanned for the Bonds also a Subject
of Much Discussion.
Washington, January 81. = Attorney
General Olney's attention was called to-
day to the published statement that the
Knights of Labor would endeavor to
prevent Secretary Carlisle from selling
bonds in accordance with his public dec
laration by means of an injunction from
the courts. The attorney general said
the matter had not been brought to his
official attention and probably would not
be until the reported action by the
Knights of Labor had actually been be-
gun in some court. When that was done
the department of justice, through the
United States attorney for the district in
which the proceedings were begun, as
sisted if necessary by representative
from the attorney generals Office, would
appear on behalf of the government. He
declined to express an opinion as to
whether such a proceeding could be
maintained in court, as it is not the hab-
it of the Department of Justice, through
its head, to express a public opinion up
on a case in which it may have to appear.
1t is learned, from other sources, that
the administration is not entirely assured
that such proceeding as that contem-
plated by the Knights OF Labor would
not have standing in court. 1t is,
matter of record in the District of Col
umbia that mandamus proceedings have
been instituted against officials of the
Interior Department to compel them TO
issue patents. A recent caSe in point is
the state of South Carolina against the
Commissioner of Patents in which pro-
ceedings were instituted in the District
courts to compel the Commissioner of
Patents to issue trade mark to the
State OF South Carolina for particular
brand of whiskey. Another case which
recently appeared in the District court
was that of ex-Judge Long of Michigan
to enjoin the Commissioner of Pensions
from suspendlng or reducing his pension.
Both of these cases, it is contended, were
based upon the exercise of discretion by
the officials involved under the law. The
issue of bonds by Secretary Carlisle, tits
the part of the Secretary of the Treasury
conferred upon him in certain conditions
by the resumption act of 1875. 1t is on
the point as to whether the conditions
justified the issue of bonds by the gov
ernment that the action will turn. Very
grave doubt is expressed in legal circles
that the exercise of such discretion on
the part of the Secretary can be ques-
toned in court. The gravests question
and the one, in the opinion of eminent
lawyers, presenting more complicated
conditions of affairs is that of the use of
the gold obtained by the bond issue.
Here, it is said, much doubt exists as to
the authority of the Secretary to use the
money so obtained for other purposes than
the redemption of greenback 1t is sug-
gested that the proceedings for an in
junction against the use Of this money
for any purpose other than stated in the
redemption act would hold good in the
courts. AT the Treasury Department,
these obstacles to the bond issue find no
expression among the high officials, and
the work of preparing the plates for the
issue of the bonds goes rapidly forward
Already offers for bonds aggregating
$50. 600, 600 have been received and each
mail brings in additional bids.