The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-16
CLAIM OF DURKBE HEIRS
Hearing Concerning 1t Before JUS
tice Hagner Next Thursday.
Central Pacific Railroad Bonds
Valued mt Nearly SGS,OOO.OO0 in
Controversy-Allege to BE IL
legally Held by the United States
Treasury-Surrounde by Mystery.

The most important matter coming up
for consideration this week in the Supreme
Court Of the District is the claim of the
heirs OF Charles Durkee, formerly Gov
ernor Of Utah, against the United States
{ for certain bonds Of the Central Pacific
Railway Company, valued at 64,s23, 512.
The claim was called to the attention of
Chief Justice Bingham last week and con-
sideration OF the matter was postponed
until Thursday next.
The petition setting forth the claim of
the Durkee heirs to the bonds referred to
is made by Leonard C. Blaisdell, and was
presented to the court by Thomas j.
Mackay, who asked that the Secretary of
the Treasury be made to show cause why
he should not deliver the bonds in dis
pute TO the claimants. Justice Bingham
declined TO issue a rule to show cause
against Secretary Gage. and informed
counsel that. the official would be notified
OF the demand on the Treasury and set
Thursday as the date for the hearing
The petition presented to the court is
g voluminous document, and while the
direct statement is made that the bonds
In question are In the vaults of the Treas
ury, or, at least were seen there in the
year 1884 by one OF the heirs of Durkee,
still there is not the slightest intimation
as 10 how, when, or by whom the valuable
papers were deposited in the Governmental
strong box. From what is known OF the
case so far, there seems TO be a great
deal Of mystery surrounding it which. up
10 this time, has been left unexplained.
All that is set forth in the petition con-
corning he bonds is that they were ac-
Quired by Charles Durkee, who died in
1870 1t was explained by counsel for the
petitioner that at that time the bonds Of
the Central Pacific Railway were offered
for sale at very low figure, and Duraee,
who about that time was Governor of
Utah. and a man CT considerable means,
is supposed to have purchased some Of
them. At what figure the bonds were pur-
chased is not stated, although it was
eaid that at one time they were offered on
the market as low as Is cents on the
dollar. All this, however, has nothing to
do with the merits of the claim, which
must hinge on the manner in which these
particular bonds went out of the possess
sion OF Durkee or his heirs, and finally
were deposited In the United States Treas
ury, II there at all.
According to the claim of the heirs, since
the time of the death of Durkee in 1870,
all trace of the bonds was lost until by
the Treasury by one Of the claimants in
the year 1884. 1t is not explained how the
bonds seen at the Treasury were identi-
fed as the particular bonds supposed TO
have been purchased by and in the pos
session Of Charles Durkee thirty years
ago. Sixteen years have passed since the
bonds were alleged TO have been seen at
the Treasury, and in all that time ii is
believed no effort has been made TO re-
gain possession Of them.
When the matter is called up on Thurs
day 1t will be considered by Justice Hag-
ner, who will today relieve Chief Justice
Bingham, as the presiding justice during
the next two weeks Of the summer recess
OF the Supreme Court Of the District. The
Government will be represented by the
District Attorney, Thomas II. Anderson.
who returned to the city last week to
prepare the defence.
Justice Hagner. who commences the Sec
ond relief Of two weeks agreed upon
by the justices, will consider all business
demanding the attention of the court. He
will be relieved on August ! by Justice
Barnard who will preside in all the
branches Of the court for two weeks.