Evening star., 1898-10-14
Proceedings to Enjoin the Secretary
Of the Treasury.
PETITION OF new YORK SUBSCRIBERS
Answer Filed by Secretary Gage
Upon Issue Raised.
T H E II EARN TODAY

al "Sle near u ILLS dIteIuCOu ny
Judge Cox in Equity Court No. 1 in con-
nection with the petition for an injunction
| filed by George B. Wdghtman against Ly-
man J. Gage, in his capacity as Secretary
of the Treasury and the Produce Exchange
Trust Company of New York. AS stated
in detail in The Star at the time the petit
ton was filed, September 80, Mr.. Wghtman
seeks to enjoin the Secretary of the Treas
ury from Issuing any bonds of the $500 00O-
900 ) per cent popular war loan to provide
ways and means to meet war expenses to
any persons other than number of indi-
viduals named in his petition
Practically merged with the injunction
nearing was the petition for mandamus,
also hled september 80 by William H.
wharton one of the alleged subscribers
named in Mr. Wightman's petition, seek
ing to compel the Secretary Of the Treas
ury to issue certain bonds that the Secre-
tary had refused to issue.
ina injunction petition being filed in the
equity side of the court and the mandamus
petition in the law side, the matter was
this morning called to the attention of
Judge Cole, in Circuit Court No. /, by
counsel. Judge Cole suggested that Judge
Cox dispose of both matters and the latter
consented to do so.
The petitioners are represented by Attor-
new John G. Carlisle the interests of the
Secretary of the Treasury being looked af-
ter by the United States attorney for the
District of Columbia Mr.. Henry E. Davis
The latter is assisted by Mr.. c. NJ. Bruno
of the office of the solicitor of the Treasury
Department.
1t was agreed that the injunction case
fully covered the mandamus case so the
proceedings are based principally the
former. Attorney Carlisle read the peti-
ton Of Mr. Wightman. heretofore published
in The Star. He was followed by Attorney
Davis, who read the reply of Secretary
Gage.
Secretary Cages Answer.
In his answer the Secretary of the
Treasury denies on what he states to be
information and belief that each of the
persons referred to in the petition for in
Junction in fact, severally for himself on
subscribing for the amount set opposite
his name, signed the Subscriptions The
Secretary further AYERS that many of the
sgr atures of the presons named were
either forged or fictitious.
Continuing the Secretary s.ts forth that
in conformity to the provisions of depart
ment circular 1U1 he invited subscriptions
from the people of the United States for
S2bD,oO0GOo of the bonds of the 3 per cent
loan to provide ways and means to INSET
the war expenses
He received. he says, the apparent sub
ScrIDticns OF the persons heretofore refer
led to. These apparent subscriptions were
part of great number of subscriptions,
real and apparent, received by him in re-
sponse to circular 101. and the course of
business of the Treasury Department was
that as the subscriptions were received
they were acknowledged and allotme 1t
notices were perfunctOrily sent out from
the department on a blank form. In the
case, however, of the alleged subscriptions
in question the fact is, says the Secretary,
the suspicious of the department having
been aroused by the receip from one source
of so many individual subscriptions for 50
large an aggregate, the Treasury D part
IE he < of
treasury. the 18th day of July last ad-
dressed to the Produce Exchange Trust
Company at New York city a communica-
tiOn calling for an explicit statement to
the effect that all of these subscriptions
Were solely in the interests of the persons
signing the subscription blanks. and that
neither the trust company nor any other
institution or person has an uIterior inter-
est in the subscriptions.
In the event that you unable to
make such statement, the communion
ton concluded, we shall be forced to
turn the subscriptions"
Reply Received.
The reply received to the communication
the Secretary states to have been as fol-
lows:
As we wrote in submitting subscrip-
tions, these are not for our own account,
but are bona fide for account of the various
subscribers whose subscription papers we
have forwarded, and not for the ulte-
rior advantage of ourselves or any other
interest
Continuing his answer, Secretary Gage
says that, accepting the statements of the
defendant the Produce Exchange Trust
Company as true, the department sent to
the individuals in question allotment
tees in the usual form, many of which
however, were returned undelivered by
reason of the inability, as reported by the
post office officials in the city of New York.
to find the persons to whom they were ad-
dressed.
Suspicious Aroused.
The return of the allotment notices hav-
ing aroused the suspicious of the depart
nent as to the good faith of the subscrip-
tons, states the Secretary, an investigation
was instituted and had by the department,
IN the course OF which many persons, in
cludlhg the complainant i'll the cause at
issue; were examined, and the result of
which investigation was that the subscrip-
tlonS were found and adjudged to have been
made not in good faith, but with a view tn
avoid the true intent of the law in relation
to the issue of the bonds in this that the
complainant for Il money consideratio tion in
each case procured caused TO be procur--
ca the apparent subscriptions of the GER
tain persons referred to- with the intent
and purpose of having the same inure to
his individual benefit Upon the ascertain
nent OF the facts set forth, concludes the
Secretary in his answer the subscriptions
were ordered to be cancelled
Court Reserves Decision
After the reading of the petition and an
swer, the case was briefly argued by At
torneys Carlisle and Davis. Judge Cox
stated that he would take the matter I'M
der consideration and announce his decision
later.
New Officers OF Christian Church.
NEWMARKET, Ont, October 14--At the
quadriennial conference of the Christian
Church of America. in session here the
following officers were elected: