Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-23
CONTEMPLATED INJUNCTION
Not Believed It Will Have Any Stand.
ing in Court
A Treasury Onicfal Shows What serf.
GUS Effects Might Result II
Suit Should Lie.

The decision Of the knights Of Labor to
attempt to get an Injunction this week re-
straining Secretary Carlisle from issuing,
the per cent bonds is still a subject of
comment in the Treasury Department cir
cles. There is practically no change in the
opinion heretofore noted that such proceed
ings will not have any standing in the
court. Certainly this opinion prevailed as
to the simple question of assailing the au-
thority of the Secretary to issue bonds un-
der the act of 1870 to replenish the gold re-
serve As to whether the money thus OBJ
tanned could be used for other purposes
than for the redemption Of greenbacks was
admitted to be an undecided question. As
the Secretary has used the so-called gold
reserve to the extent of 10000 600. and as
no one has sought by legal methods to
question his action, it seems to treasury
officials that this matter need give him no
concern. 1t is held by some treasury Of
ficials that there now exists no gold re-
serve the fund that originally made it up
having been more than exhausted by the
redemption Of U. s. and Treasury notes.
Serious Effects That Might Result.
An officer of the department, in speaking
to a reporter regarding the proposed action
of the Knights, pointed out the serious
would result II such proceedings should at
tain standing in the courts. The result. he
said. would be that the governments hands
would be frequently tied and its business
operations would be seriously handicapped.
Said he: TT is the general theory of de-
partment administration that the heads OF
the executive departments are the execu-
tors Of the will of the President and can
not be enjoined or interfered with by man.
damus in the exercise of their judgment and
discretion in the performance of official
duty"
In this connection he referred to the
opinions of several attorneys general and
to opinions of the Supreme Court. One Of
these was an opinion by Attorney General
Bates. rendered October 9. 1863. In this it
was held that the President ought not 10
entertain appeals from the heads of bu-
reaus of the departments. For the theory
which subjected the heads Of the depart
ments to the official direction and control
of the President also subordinated the
heads of the bureaus to their respective ce-
partment chiefs. In the case then under
discussion the Attorney General held that
the appeal should have been made to the
Secretary Of the Interior, and not to the
President.
Caleb Cushing's Opinion.
Another opinion referred to was by At
torney General Caleb Gushing in 1855. The
latter held on the authority of judicial de-
cisions of the arguments. constitutional
and statutory, adduced i'm the trial of the
case under consideration, that a general
rule. the direction of the President is to be
presumed in all Instructions and orders
issuing from a competent department and
that official instructions issued by the
heads Of the several executive departments.
civil or military. within their respective
Jurisdictions. are valid and lawful without
containing express reference to the direc-
tion OF the President
W men IL came to a mere question of min
isterial duty and not one of discretion the
sane authority admitted that steps might
De taken to enjoin a cabinet officer In
this connection he cited an opinion by the
supreme Court i'm the case of Gaines against
Thompson, In which the court held that
the act of the Secretary of the Interior
and commissioner of the land office in can
ceiling an entity for land was not a minis
teriai duty, but was a matter resting i'm
the judgment and discretion of these Of
ncers as representing an executive depart
ment. accordingly the court would not in
teriere by injunction or by mandamus TO
control it. ~