The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-06-20
DECISION WILL
BE DlSREGAROED
Virginia Court Said to Have Ex-
ceeded It's Authority.
INJUNCTION IS NOT GOOD
TROUBLE OVER THE GUNBoAT
GALVESTON.

W ASHINGTON. June I9.-The time
wv Of the cabinet meeting today was
consumed in large part by the
consideration Of the legal questions in
volved in the decision Of the United
States government TO disregard the de
cision Of the court of Virginia and
seize the uucomDleted gunboat Cal
weston at the Trigg ship yards in
Richmond Attorney General Knox
presented a carefully prepared opinion
on the subject, strongly affirming the
right of the government to disregard
the injunction granted yesterday in the
Virginia court which fOrbids the re-
sumption Of work on the Galveston
pending a settlement of the claim OF
the sub-contractOr who have not
been paid for material furnished.
Question of Force.
IN concluding his opinion the attOr-
ney general says: "One further point
remains to be considered. The letter
of the secretary Of the navy requests
to be authorized TO employ if neces-
sary the military forces OF the govern
ment at his disposal for the execution
OF his orders in the premises. l am
10th to believe that occasion for sucn
eXertion of the federal powers Will
arise, being confident that any claim
10 interfere with the national rights
under the judicial authority OF the
state of Virginia viii be promptly dis
posed of and denied by the chancery
court For this reason shall defer
answering that question"
The cabinet. after considering this
opinion, unanimously decided that the
governments case was sound and the
programme outlined Yesterday by Mr..
Moody should be pursued. An effort
VIII be made to launch the boat next
MONDAY fe
timated that information viii be con-
veyed to the Virginia justice who
granted the Injunction in this case thaS
he has exceeded his proper function,
and it is expected that he VIII with
draw from what the attorney general
able position, thus avoiding any clash
at Richmond.
An Important Matter.
BY the president ana members OF
the cabinet the action taken at the
meeting is regarded as Of the highest
Importance. The question raised Is
new and almost unique. Both the
president and his advisers gave il the
most careful consideration.
1t is understood that the opinion of
Attorney General Knox as submitted
originally to the president and cabinet
was modified slightly before 1t was
made puDlic. It was stated yesterday
On excellent authority that the attor-
ney general in his opinion upheld the
right Of the secretary OF the navy 10
use force if necessary to carry into
effect his orders. Tt was regarded by
the cabinet, il is said. to be inexpedi-
ent to preciDitate that question at this
time as it was believed TO be entirely
likely that a way would be found to
amicably adjust the apparent differ
ences between the state court of chan
Gerry and the authorities Of the gov
eminent
Practically the entire time of the
cabinet today was devoted to the con-
sideratiOn Of the question relating to
the Galveston.
The postmaster general also con-
sumed a portion OF the time OF the
meeting, but, il is stated. without
reference TO the pending prosecutions
and Investigation in his department,
his presentation being confined to mat
ter connected with the civil service
rules and appointments.