The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-21
THE EXECUTIVE AND THE
JUDICIARY,

from Washington to the effect that the
gov eminent would send troops and n war
weasel to Richmond and by brute force
launch the Galveston In defiance of Judge
Grinnan's Injunction evidently had some
foundation in fact, There seems to be
no doubt that 1t was the disposition OF
the Secretary Of the Navy to do this high
handed thing, and 1t would appear that
the Acknowledgement held that there was
authority Of law for 1t. But the Attorney
General subsequently revised his opinion
and at meeting of the Cabinet that
course was abandoned and a more con-
servative policy adopted.
No matter what sort of an agreement
the government may have had with the
Trigg Company. the fact Is that when
that company went into the hands of a
receiver, appointed by Judge Grinnan in
due process OF law. all property In the
shipyard passed under control for the
time being OF tho court, and the United
States government had no moro right
,khan any citizen to take any; of the prop
erty away by force. But 1t did attempt
10 do so. and the court issued an injunc-
ton. which the government Is bound to
respect. Tho court could not have taken
the vessels from the government II they
had been In the hands of officers of the
government. but the property was In
possession of the Trlgg shipyard, and the
Trtgg shipyard was in possession Of the
court, and 1t was entirely competent for
Judge Grlnnan to issue his restraining
order when the government sought to
take the vessels away. If in defiance Of
Judge Gr!nnan's order the government
should send troops here and launch the
vessel whether or not, the court would
have to submit But the governments
act would be high-handed and revolu-
tionary, and in destruction Of the prin-
ciples upon which tho republic is founded.
The question liz ably discussed in detail
In another column by Mr.. William l..
Fortunately for peace and order 1t was
decided at the meetng OF tho Cabinet
on Friday to proceed In tho manner pro
vlded In the revised statutes OF the
United States for Just such contingency,
Sectlon 1853. the section cited by the
Attorney General. provides that When
ever any property owned or held by the
United States. or In which the United
States have or claim an interest shall. In
any judicial proceeding under the laws
OF any State, district or territory be
seized. arrested, attached or held for the
security or satisfaction OF any claim
made against such porperty, tho Sec.
rotary OF the Treasury. In his discretion
may direct the Solicitor OF the Treasury
to cause stipulation to be entered into
by the proper district attorney for Tho
discharge of such property from such
SEIZURE. arrest. attachment or proceed
!ngs, to the effect that upon such dis
charge, the person asserting the claim
against such property shall become en-
titled TO the benefits OF this and the fol
lowing section"
1t is further provided In section s75
that "!n all cases where stipulation 4
entered into under the preceding section
and In consequence thereof the propert
IS discharged and final Judgment ia after
ward given in the court OF last resort, I
which the Secretary of the Treasury ma
deem proper to cause such proceeding
10 be carried, affirming the claim for tn
security or satisfaction OF which sue
proceedings may have been instituted
and the right person asserting the sam
10 enforce 1t against such property
means of such proceedings. notwithstanG
ing the claims OF the United State
thereto. such final judgment shall. b
deemed. TO all intents and purposes.
full and Anal determination OF the right
of such person. and shall entitle sue
person as against the United States.
such right as ne would have had in cas-
possession OF such property had not bee
changed. Whenever such claim Is fc
the payment of money. and tho same
by such Judgment found to be due. III
presentation OF duly authenticate
copy OF the record OF such 1udgmen. an
proceedings shall be sufficient evldene
10 the proper accounting oficers for II
allowance thereof, and tho same sha
thereupon be allowed and paid out of ar
moneys In the treasury not otherwise a!
proprtated-"
II IS said that the Attorney-Gener
prepared yesterday "stipalation," |
q %. L.. tta al nua a fute In III