The Montgomery advertiser., 1903-06-20
CASE OF THE GALVESTON
Knox Believes Virginia C0ur {
 Will Stand Aside.
The Cruisers Status Subject for Consideration by the Cabinet. Attorney General Knox
 Renders an Opinion.

Washington. June 1s.-Secretary Moody today received dispatch from Elizabeth, N. J., announcing the seizure of the crui- ser Chattanooga, now building at the yard of the New York shipbuildlng Company. one of the companies of the United States Shipbuilding Company.
 The Secretary took the telegram to the Cabinet meeting where the subject was discussed.
 The time of the Cabinet meeting today was consumed in large part by the con- sideration of the legal question involved in the decision of the United States Gov ernment in disregarding the decision of the court of Virginia and seize the in- complete gunboat Galveston at the Trigg shipyards in Richmond.
 Attorney General Knox presented a carefully prepared opinion on the sub ject. strongly affirming the right of the Government to disregard the injunction granted yesterday in the Virginia court which forbids the resumption of work on the Galveston pending g settlement of the claim of the sub-contractors. who have not been paid for material fur nished.
 Tn concluding his opinion. the Attorney General says:
 The Use of Force. Tone further point remains to be con- sidered. The letter of the Secretary of the Navy requests to De authorized to employ. if necessary, the military forces of the Government at his disposal for the execu- ton of his orders in the premises. am Ioath to believe that occasion for such exertion of Federal powers will arise, be- cause being confident that any claim to interfere with the national rights uneier the judicial authority of the State of Vir- ginia will be promptly disposed of and denied by the Chancery Court. For this reason, shall defer answering that ques- tion."
 The cabinet after considering this opin- lon. unanimously decided that the gov ernments case was sound, and the pro- gram outlined yesterday by MT. Moody should be pursued.
 An effort will be made therefore to launch the boat next Monday if circum- stances permit. It Is intimated that in- formation will be conveyed to the Vir- ginia justice who granted the injunction in the case that he has exceeded his
 proper functions, and 1t is expected that
 he will withdraw from what the Attorney General and President regards as an un-
 tenable position. thus avoiding any clash at Richmond. By the President and the members of the cabinet the action taken at the meeting is regarded of the highest importance.
 The question raised Is new and almost unique. Both the President and his ad visers gave 1t the most careful consider ation. It is understood the opinion of At torney General Knox, submitted original ly to the President and cabinet was mod ified slightly before 1t was made public. It was stated yesterday on excellent au- thority that the Attorney General in his opinion upheld the right of the Secre- tary of the Navy to use force. if neces- sary, to carry into effect his orders.
 It was regarded by the cabinet, it Is said, to be inexpedient to prectpitate that question at this time, as 1t was believed to be entirely likely that way would be be found to amicably adjust the appar- ent differences between the Virginia Court of Chancery and the authorities of the government. The Postmaster General also consumed a portion of the time of the meeting, but it is stated without ref erence to the pending prosecution and tn- vestigation with hls Department.