Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-07-19
DURkEE CLAIM DENIED
JUSTICE HAGNER TODAY DISMISSES
PETITION OF THE HEIRS.
They Wanted to Compel Secretary
Gage to Pay Them Over
SGO,OOO,OOO.
A hearing was had before Justice Hag-

A hearing was had before Justice Hag-
ner, in Equity Court No. !, today, in the
matter of Leonard c. Blaisdel, who has
filed a petition asking that the Secretary
of the Treasury be compelled by writ Of
mandamus to pay to the petitioner, as rep
resentative of the heirs-at-law of the late
Charles Durkee, money due for the re-
demption of S64, 623512 worth of Union and
Central Pacific railway companies bonds,
together with interest.
The case Is rather interesting and out of
the ordinary. 1t is alleged that Charles
Durkee, who was formerly United States
senator from one of the western states
and afterward governor Of the then terri
tory of Utah, came into possession of the
railway bonds in question.
They were seen in his possession just prior
to his death, about thirty years ago, 1t is
averred by Mr.. John 7. Devices, now an
attorney of this city. and afterward in
some manner unexplained in the petition,
found their way into the treasury of the
United States without having. been re-
deemed. 1t Is alleged the securities were
seen in the treasury vaults and exhibited
before the then secretary and the then
controller Of the treasury, both deceased.
The bonds, the petition recites, are Of the
variety known as construction bonds, and
were obtained by Gov Durkee in payment
Of a contract for furnishing construction
HdlerluiS 10 the IGlllOdu companies.
The hearing this morning was on q mo-
ton for rule against Secretary Gage re-
quiring him to show cause why q writ of
mandamus should not be issued compelling
him to pay proper sum in redemption of
the bonds, in accordance with the sinking
fund, established by act of Congress for
liquidating obligations of the Pacific rail-
way companies. Arguments were made by
Mr. Thomas J. Mackcy, representing the
claimants, and by District Attorney Ander-
son, representing the government The
merits of the case were not gone into the
sion Of law points involved in the issue.
Dismissal of Petition,
Justice Hagner took the case under con-
sideration and this afternoon handed down
a decision dismissing the petition of the
claimants and denying the application for
rule. Judge Hagner went into the case
quite thoroughly and said that his decision
was based upon many grounds An i'm
portant one was that he did not consider
that Blaisdell, the complainant, as attor-
ney-in-fact of the heirs-at-law was not the
proper person to bring the suit He init
mated it would have been the province
and duty of the administrator of the Dur
kee estate to have brought the suit. Judge
Hagner commented upon the unusual char
acter of the entire proceedings, saying it
was indeed strange that such great prop
erty as $64, 0O0,0O0 should have been SO care
lessly handled that all trace of 1t should
be lost. He also stated that the act Gre
ating the Pacific railroads sinking fund
made 1t discretionary with the Secretary
of the Treasury what claims should be
acted upon and first settled, and a dis
cretionary act cannot be controlled by man.
damus.
Mr.. Mackey, attorney for the complain
ants, said he would renew his action else
where.