The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-20
UNCLE Sam WILL GET His SHIPS
AND W WILL NOT ne NECESSARY
1O ISE FORCE. -.
WIN Insure Creditors Against Loss Should
II Ue Held 'rlat the ships Are
Assets Of the builders The Attorney.
Property IL Exempt From Seizure
Hut the BARRIER amt tic petiier Stiil
Hold the lniluIsied l'hatt an0OEN.


hut the BARRIER amt the petl.cr SIN
Hold the Unfinished Chattanooga.
WAsHINGToN. June 9.-Attorney-(ien-
eral Knox read to the President and the
Cabinet to-day an opinion prepared by
him on the quest ion of the right of the Chan
Gerry Court a; Richmond, Va, to issue yn
injunction against launching the cruiser
Galveston, which had been under COT
strtiction by the defunct William II. Tria1g
Company. Mr.. Knox pointed out that |
reference with Federal property w$
forbidden. and all that was necessary fd
the Government to do TO retain complete
legal possession of the Galveston was .
arrange a stipulation or indenRifying bonn
to insure creditors against loss should 1t
be held tina, the naval vessel was an asset
Of the Trigg company.
II is ,nders,o God that Mr.. Knox had origi-
naliy passed upon the question of the right
of the Government to use armed foToo to
prevent interference with the Galveston
under orders from State or municipal
court, taking the affirmative view. but
subsequently rewrote this portion Of his
opinion 80 as to say that such course wns
not necessary.
In view of Mr., Knox's opinion which was
indor-nd by the President and the Cabinet
after long and earnest discussion, the
United States District Attorney for the
Eastern District of Virginia will be directed
to enter into stipulation in the Chancery
Court of Richmond to insure creditors OF
the Tngg company against loss and to
cause revocation Of the injunction
against the Galveston. The case then will
be carried to Il Federal court to determine
whether the claims of the creditors can
lie against the Galveston and the revenue
cutter and river dredge which were also
being built at the yard.
A similar course of action will be pur-
sued to prevent State interference with
the cruiser Chattanooga, which was seized
last night by the Sheriff at Elzabethport
n. D., to satisfy claim against Lewis Nixon,
who is building the vessel for the Govern
ment. The United States District Attorney
will give the necessary surety to take the
case to Federal court.
Cabinet officers and officers of the Navy
Department said this evening that there
would be no occasion to use force, or even
to make nominal show OF force, to retain
Federal possession of the Galveston. the
Attorney General having demonstrated
that the law of Congress was clearly against
any interference with Government property
to satisfy liens. The President and Sec
rotary Moody confidently expect that the
Galveston will he launched on Monday
under the most amicable and suspicious
circumstances.
The Attornsy-General in his opinion,
after reviewing the facts Of the case, says;
. Under the net Of March ;: 1900: authorizing
the GonstrHction OF six protected cruisers.
the William K. Triss Company Of Rchmond.
Va: for the construction Of the cruiser Gal
h as int rs as
ernment should have lien for payments
made; that the Government lien should br
70 90 forward with the work, the Secretary
Of the Navy might declare the contract for,
feted; that in the event Of such failure and
vessel AZ any stage Of work should vest in the
surrendered by the company, 80 that the
Government might proceed forthwith to its
receiver Under State laws subsequently
Se duly o Ss
10 launch her on or about the 18th inst. pre-
paratory to completion by the United States.
the contract j. ,eos ,5i1 49,
1t appears that certain lien claimants and
material men object to this course; that they
inent title and the priority Of its lien, and
insist on the receivers possession and the
tou OF law is whether the United States is
legally entitled to proceed as proposed.
The Attorney General says that in his
opinion the case is ruled by Section 375l
Of the Revised Statutes. which enacts:
Whenever any property owned or held
by the | nited Sta es. or in which the United
States have or claim an interest. shall In any
Judicial proceeding, under the laws Of any
rest ell. attached or held for the security or
OF any claim made against such
his discretion may direct the Solicitor OF the
Treasury to cause stipulation to be en-
tered into. by the proper District ATTORNEY
such seizure. arrest, attachment or proceed
ing. to the effect that upon such Discharge
property " shall become entitled to all the
Nothing herein contained shall. however
any right to enforce by, seizure, arrest, at
achment or any judicial process any claim
spy any OF
poyed by the United States or by any depart
nent thereof for any public use. or as waly-
uted to enforce any such claim. ~
Section 1884, he says, provides that in
Ill cases where such stipulation is entered
md the property discharged. and final
Judgment Is given affirming the claim
were instituted, the penon
n interest shall be entitled to such rights
ls he would have had in case possession OF
he property had not been changed: and
hereupon, II the claim il for the paymen,
If money which is found by said final iudg-
nent to be due the amount shall be paid
,ut of the Treasury" He adds:
The law thus provides that whenever the
'nited States owns or holds property. or
aims an interest therein. and judicial pro-
ain the same, the Government may stipu-
ate to discharge from the seizure and arrest.
md thereupon adverse claims are fully pro-
ected Tile right OF II party in ordinary
litigation to realize on property from alta CHI
nent upon giving bond for indemnity is
fundamental, That doctrine was recognized
n the debate on the act of 1894 which now
in the above sections Of the law. II
applies with greater force and
-ason in a case affecting the Government ss
'orens Ddfrio than whore the interests OF
private litgations alone are involved.
II is especially significant that Section
I53. which is. OF course a part of the supreme
Hw of the land and binding throughout the
Mon. expressly refuses to recognize any
Ight whatever to seize or attach property
Il the nited States, or property held. owned
" employed by ". Quite apart from the
IN tute and because OF the nature OF the case,
I IL impossible. on primary grounds to yield
ssent at all to the idea that any instrl-
mentality OF the Governmental this case
n instrument Of prime importanc~-nlQy be
aiken into custody and held under any ad-
verse authority whatever. This view pplles
u my Judgment whether the adverse custody
Oh, tA