The times., 1899-11-21
THE coURT o. CLA1Ms.
Arguments Made to Discontinue suits
OF Atlantic Contracting Company.

Arguments Made to Discontinue suits
of Atlantic Contracting Company.
Argument was heard yesterday bv .te
Court Of Claims on the motion 10 discor-
tinue the suits brought by the Atlantic
Contracting Company to recover s225 900
from the United States. The motion had
been filed by Attorney F. ID. McKenny.
counsel for the construction company. and
as the defendant had fled no counter
claim, or entered "A plea OF fraud. be sug-
sested that the Government make the
opening argument
Assistant Attorney General Pradt said he
opposed the motion 20 discontinue on tbe
ground that the Government contemplated
the hhns Of eOguter-claims. and also OF
alleging fraud on the part Cf the com
DlatHants. who knew the Government cen
iemDlaJed such action when they fled their
motion 70 discontinue The Assistant At
toruey General said that Il the court held
That the plaintiffs had the right 90 discon-
tlnUe the suit then he would have nothing
more to say. He contended thar the mo-
ton OF the plaintiffs was IN the discretion
OF ne court. and was net one Of right and
cited numerous authorities 20 show that
the motion was not one u right. This vas
not. he said. suit between private par
ties, but one in which he Government was
the defendant. The Government. he said,
had not fled couuter-claims OF q plea OF
fraud. but intended to DO 50.
The reason Of the delay was because the
Government was not ready; that the de-
partmeuJs were slow in furnishing the re-
ports on which the Government must de-
pend for its information. he was standing
in his right, he said. in opposing rhe mo-
zion 10 discontinue The counsel for the
plaintiff he said had been informed BY him
that the Government would dIe counter
claims and plea of fraud before Lhey enter
Cd ths motion 70 discontinue
The counsel for plaintiffs he continued.
say they want 60 discontinue and begin
over again. he Uas willing Co accept that
statement of the counsel but he doubted
the sincerity of Uhs plaintiffs. lie thought
the motion TO discontinue bore evidence
that the plea Of fraud was good. otherwise
why wCuld the motion 20 discontinue new
be made he said the plaintiffs had Tun
their heads into trap aEd were EOW seek
ing TO get out lie could nos understand
how n claimant who can feel free Of fraud
would want TO urge a motion TO disc0u-
tinUe He sugggssJsd the plaintiff might
amend thaiF petition or hIe substitute
He thought iC the duty Ct the court % re-
fuse the motion.
L. a
Atlantic Contracting Company, e0E,eHded
that it was the absolute right OF the claim
ants 10 discontinue suits UniSss tt IS clear
Iy shown hat By disseminating. the right O3
ne defendants would be jzopzrdizcd. whicn
was rot shown here. Re said that bT
disseminating The suit the Government
would rot then have TO prove fraud which
BE- Assistant Attorney General had said
would BE- alleged. He argued that TIE Gov
eminent lost none Of its right by allowing
This motion that almost every day the
Government in different courts entered
suits against persons Indebted 10 it. Er.
Prsdt stated her. thar the Government
was row taking depozju0Cs which would
fall through if ire motion TO discontinue
was allowed.
Mr. NeKeuuy said the Go7esumelt
should nave flzd its pleas within sixty
days after notice OF suits. but h53 not done
so. After citing numerous authorities 70
show that he had q common law right 20
discontinue suit the ease was submitted
An opinion Is Looked fl- Ire latter p-r- Of
the week