Omaha daily bee., 1903-06-20
WILL DISREGARD THE COURT
Injunction Issued by Judge Discussed BY
the Cabinet
OPINION OF THE ATTORNEY GENERAL
He Thinks Lower Court Exceeded Its
Jurisdiction and VIII Not He
Upheld by the supreme
Court.

WASHINGTON. June 1s-The time Of the
cabinet meeting today was consumed by
questions involved in the decision OF the
United States government to disregard the
decision of the court of Virginia and seize
the incomplete gunboat Galveston at the
Trlgg shipyards In Richmond.
Attorney General Knox presented care
fully prepared opinion on the subject,
strongly affirming the right of the govern
ment TO disregard the injunction granted
yesterday in the Virginia court, which for
bids the resumption Of work on Gal
weston pending settlement OF the claim OF
the subcontractors, who have not been paid.
In concluding his opinion, the attorney
general says:
One further point remains to be consid-
cred. The letter of the secretary of the
II necessary, the military forces Ot the gov
ernment at its disposal for the execution
of his orders in the premises. am loath
to believe that occasion for such exertion
Of the federal powers will arise being con-
den5 sh@t rgTy any In claim tho To- htsfre WITH the
of the state of Virginia will be promptly
disposed Of and denied by the chancery
court. For this reason l shall defer am
swering that question.
VIII EndeavOr 20 Launch Boat.
The cabinet after considering this opinion
unanimously decided that the government
case was sound and the program outlined
yesterday by Mr. Moody should be pur-
sued. An effort will be made, therefore,
to launch the boat next Monday II condi-
tions permit.
1t is intimated that the information will
be conveyed to the Virginia justice who
granted the injunction in this case that he
has exceeded his proper function and It is
expected that he will withdraw from what
the attorney general and president regards
as an untenable position, thus avoiding any
clash at Richmond.
The postmaster general also consumed a
portion Of the time of the meeting, but it is
stated without reference TO the pending
prosecutions and investigation in his de-
partment. his presentation being confined
to matters connected with the civil service
rules and appointments.
The president thinks show of force
under the circumstances will be inexpedient,
and the Navy department meanwhile has
instructed its agents at Richmond not to
interfere with the order of the court until
specifically told TO do so. All the workmen
employed by the Trigg company left the
yard when the company went into the
hands of a receiver and the government is
experiencing some dificulty in securing
laborers. This will prevent the vessels
being ready for launching next Monday
and II is hoped the department of justice
in the meantime will have prevailed on
the local court officials at Richmond to
withdraw from what 1t regards as their
illegal position
Secretary Moody today requested the at
torney general to instruct the proper dis
trict attorney to enter into a stipulation
regarding the cruiser Chattanooga. which
bao af hxy pradifOrq Of the New
York Ship Building company. so that the
governments rights may be adequately pro-
tected AS for the other twelve war
ships contracted for by the COM
panies composing the United States ship
building combine, the Navy department,
while apprehensive- of the results of the
financial. enbarrassments Of the concern,
has not been informed that work on any
of the vessels has been interrupted as yet,
and for the present can take no action.
Secretary Moody will take no action for
the present on the application of Rear Ad-
miral Bowles for troops to protect Lieu
tenant Thiess and Naval Constructor Groes-
deck, in charge of the work on Galveston.
from interference from the local authori-
ties. The secretary has not called on the
War department for troops.
Deputy f. in Charge.
ELIZABETHPORT, N. j., June i9.-
Sheriff CorielIs said today that he had
placed a deputy in charge Of Galveston
and would keep him at the Crescent
yard until he received orders from some
higher authority to withdraw him.
The sheriff added that he had simply per-
formed his duty in Selling the vessel in
accordance with the writ issued by the SUI
preme court and that he knew nothing
| ohot,t the v1narfta 0f the
He had not heard anything from the
| Navy department at Washington. but he
| felt that he would be fully protected In
selling the ship by the highest courts in
| New Jersey.