The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-06-20
GOVERNMENT MAY
IGNORE INJUNCTION
But Knox Is Slow i'm Authoriz.
ing Show of Force Regard.
ing the Galveston.

=, WASHINGTON. D. c.. June 10
Ihe time OF the cabinet meeting today
was consumed in large part by the
consideration of the legal questions in
vowed IN the decision of the govern
ment to disregard the decision Of the
court OF Virginia and seize the incom-
piete gunboat Galveston at the Trige
shlpyards in Richmond. Attorney
General Knox presented an oninion
strongly affirming the right of the gov
eminent to disregard the Injunction
granted in the Virginia court. which
Iorblds the resumption Of work on the
galveston pending a settlement of the
claim Of the subcontractors, who have
not been paid for material furnished.
Inc right of a party in ordinary lit
lgauon to release of property from
attachment, upon giving a bond for
indemnity, is fundamental" says the
attorney general. 1T manifestIv an
pies with greater force and reason in
a case affecting the government as
parens patr1ae than where the inter-
ests OF private litigations alone are in
vowed The statute Of 1864 enables
the government, although not a party
nor IN general a subject to be made
such, to intervene without prejudice
ana invoke that doctrine
1t is especially significant that Sec
tlon 1903 expressly refuses to recog-
ME any right whatever to seize or at
tach property of the United States or
property held, owned or employed by
II. quite apart from the statute, and
because of the nature of the case, it Is
impossible, on primary grounds, to
yield assent at all to the idea that any
fundamentally of the government
IN this case an fundamentally Of
prime importance-may be taken into
custody and held under any adverse
The letter of the secretary of the
navy requests to be authorized to en-
pIoy, II necessary, the military forces
OF the government at his disposal for
the execution Of his orders in the
premises. I am loath to believe that
occasion for such exertion of the fed
eral powers will arise, being confident
that any claim to interfere with the
national rights. under the judicial au-
thorlty Of the state of Virginia, will
De promptly disposed Of and denied by
the chancery court. For this reason z
sha1 defer answering that question"
Inc cabinet unanimously decided
that the governments case was sound
and the programme outlined yesterday
by Mr. Moody should be pursued.
Modification of the attorney gener-
ais opinion somewhat diSarranged for
the moment the programme Of the de-
partment as to a show Of force. The
president thinks a show of force under
the circumstances will be inexpedient,
and the navy department therefore
must content itself with awaiting the
advice of the department Of Justice
In the matter. Meanwhile it has in
structed its agents at Richmond not to
interfere with the order Of Ithe court
until specifically instructed by the
department. All the wOrkmen en-
ployed by the Trigg company left the
yard when the company went into the
hands of receiver and the govern
ment is expecting some difficulty in
securing laborers. This will prevent
the vessels being ready for launching
next Monday, and it is hoped the de-
partment of justice in the meantime
will have prevailed on the local court
officials at Richmond to withdraw
from their position.
Secretary Moody today requested the
attorney general to instruct the proper
district attorney to enter into a stipu-
Iation regarding the cruiser Chatta-
nooga, which had been attached by
creditors of the New York Shipbuild-
ing company, that the governments
rights may be adequately protected.
The case of the Galveston has been
forced to test so that the govern
ment may be sure of its ground in the
event of complications with the United
States Shipbuilding company.
1t was at Elizabeth, N. J., that the
sheriff seized the Chattanooga. Sheriff
Coriel said he had placed a deputy in
charge of the cruiser and would keen
him at the Crescent yard unless he
received orders from some higher au-
thority to withdraw him. The sheriff
added that he had simply performed
his duty in Selling the vessel in ac-
cordance with the writ issued by the
supreme court commissioner and that
he knew nothing about the merits Of
the case. Lewis Nixon, president of
the United States Shipbuilding COM
pany, said in New York:
There was no necessity to sue out a
warrant of seizure against the Chat
tanooga. Two-thirds of the money
due on the boilers had been paid and
the balance will be paid within the
time specified"
George M. Keasby, of Newark, who
represented the boilermakers in OBJ
tanning the attachment, said at Eliza
bethport:
I'VE have no desire to hamper the
United States government or to delay
the work on the cruiser. The boilers,
which have not been fully paid for,
were not bought by the government,
but were supplied to the shipbuilding
company. The ship has not been ac-
cepted by the government and still re-
mains the property of the builders.
Therefore, we proceed against them.
We do not look to the government to
pay us, but expect the shipbuilding
i