Evening journal., 1896-04-13
GRAVES SUES CARLISLE
lie Petitions For a Mandamus
to Get His Bonds.
SERIOUS ACCUSATIONS ARE MADE.

" ~ 0NAt1 - -<tkhktht' eho
ism-The Secretary Takes the Ground
That tho Court Has No Jurisdiction.
WASHINGTON, April iy.-There was filed
IN the supreme court OF the District OF
Columbia today papers In a suit to which
John G. Carlisle. secretary of the treas
ury, is made a party.
The complainant Is william Graves Of
New York. and the secretary is the de-
fendant. Mr.. Graves petitions for a writ
OF mandamus to compel Secretary Carlisle
TO deliver to him bonds to the amount OF
g. 500 600 Of the recent issue ot the Unit
ed States government OF 500, 600, 600 Of
80 year per cent bonds Kerr & O'Dwyer
OF New York are attorneys for the COM
plainant
According TO the complainant, he bid
on Feb. 4 for "a, 500, 600 bonds nt Sil5. 1891.
Ho complied. he says with all the rules
and regulations laid down In the circulars
Issued by the secretary Of the treasury
and agreed in writing upon the due ac-
ceptanoe Of his bid or subscription TO do
poslt the amount thereof in gold coin or
gold certificates in the United States sub
treasury In New York. or the amount OF
the first installment as required by the
terms of the circular letter or notices. and
also directed that the bonds allotted to
him, II any should be delivered TO him at
the Office OF /. B. Newcombe In the Mills
building 10 Broad street, New York, or
at the Bank OF California in San Francis
90. The bid was made In the name of him
self 'and associates. "
MIR. Graves snys ho received letter dat
ed Feb and signed -. G. Carlisle -
part OF which ran:
you are hereby notified that your sub :,
soription under the terms OF the depart
ment circulars OF Jan. Q, Jan. and Jan.
10 for a. 500, 600 OF the per cont bonds
OF tho United States, for which you have
agreed 70 pay in United States gold coin
or gold certificates at the Office of the as
sistant treasurer in the city OF New York
at the rate Of fl15 1884 and accrued in
terest per 800 face value Of said bonds,
has been accepted. You ore therefore re-
quested to deposit with the United States
assistant treasurer at New York, on or
before the 18th day Of February the sum
OF f1,O3s, 05i.oo, which Is 20 per cent OF
the amount of your subscription at the
price above named The accrued interest
from Feb. / TO date Of the payment hereby
requested should also be paid at the rate
OF per cont on the amount Of the bonds
paid for by said deposit"
Charges of Favoritism.
Then Mr.. Graves goes on to make a Sc
rious allegation rejecting upon the busi-
ness intelligence and capacity OF the treas
ury department He charges that the orig
inal notice Of allotment was not sent to
him as it should have been. and as such
notice was sent to other successful bidders;
that the address designated In his bid was
not written upon the envelope containing
the lettor of notification of acceptance
and the original notice was for that rea-
son not received at his office, but was sent
to the general delivery of the New York
postoilice instead of the designated office.
Tho petitioner further alleges that, not
having received the notice of the accept
anoe OF his bid and Of his allotment Of
bonds on the day other successful bidders
received their notices. no sent n telegram
70 tho secretary on Feb 10, 1896, and re-
ceived in reply telegram signed by w.
u. Curtis TO the effect that tho letter Of
notification had boon duly forwarded.
He also charges the department. with
favortism In Issuing the bonds.
Mr.. Graves asserts that on Feb. II at IS
minutes after O'Clock in the afternoon,
he received, properly addressed to his
office duplicate OF the original letter Of
notification OF allotment Immediately
upon the receipt OF this no applied to the
secretary of the treasury, requesting an al
lowanco OF the time lost TO him caused by
the negligent act Of the department in
misdirecting the original notice Of allot-
ment " but he says tho allowance was de-
clined by the department.
Mr.. Graves further alleges that no was
ready 10 make the required payment, and
his affidavit states that on March 81, 1896,
he mndo n tender to tho subtroasury at
New York, through tho person in charge
thereof, OF tho money due upon the allot-
mont falling due on that day and the nc
crued interest thereon, as we'll as OF any
and all former allotments and accrued in
terest thereon, and demanded the delivery
Of the bonds In New York city according
TO the provisions Of the bid, but was re.
fused the bonds.
Finally he prays that the secretary Of
the treasury be restrained from delivering
TO J. Pierpont Morgan q Co. or TO any
other person, the e., 500, 600 bonds allotted
60 him.
Authorities Arc Not Worried.
W. e. Curtis, assistant secretary Of the
treasury had charge OF the details Of the
recent bond Issue and Is therefore entire
ly familiar with the Graves case. He did
not care TO discuss for publication the
merits Of tho Graves case. but he clearly
intimated that the treasury department
would have no difficulty In showing that
its action was fully justified and that no
danger was to be feared OF the courts issu-
ing the writ Of mandamus. Other officials
OF the treasury, including the law officers,
are OF the same opinion
The treasury side Of the case was recent
ly explained TO several members OF the
house committee on ways and means, to
which was referred a resolution introduced
by Representative Colson Of Kentucky
providing for the appointment OF oom-
mission to investigate the charges made by
Graves. The explanation was apparently
satisfactory to the committee, for It has
taken no action on the resolution, and MIR.
Colson has lot the matter drop.
The explanation was, in effect, that
Graves was unable to comply with the con-
ditions OF his bid. He did not make tho
first deposit Of 20 per cent on the amount
OF bonds bid for within the time stipu-
lated and consequently forfeited his right
TO bonds. request was made for delay,
which tho department refused to allow.
As to the reply the treasury department