The Saint Paul globe., 1904-10-25
ATTEMPTS TO STOP
PANAMA CANAL WORK
Mysterious Warren B. Wilson's
Action VIII Come Up in
Court Today
Globe Special Washington Service,
1A4z

iTif u OIreeI
WASHINGTON, D. c., Oct. 24.-The
mysterious attempt which was made
last spring to prevent, by due process
OF law in the federal courts, the con-
struction of the Panama canal will be
renewed tomorrow in equity court No.
OF the supreme court of the District
of Columbia. The proceedings are
mysterious for the reason that the
lawyer who is bringing the suit is a
stranger to Washington, and the iden-
t1ty of the persons whom ne represents
and the moving cause of the action
are matters of conjecture.
The lawyer who filed the action is
Warren b. Wilson, and his residence
is given as Hinsdale, H., but no one
connected with the department of JUS
tice knows anything about him on his
clients, if he has any. He is ostensibly
acting in his own behalf as citizen of
the United States and he appears as
his own counsel.
Last March Wilson made motion
in the supreme court of the District of
Columbia for a temporary injunction
restraining the secretary of the treas
ury from disbursing any moneys on ac-
count of the purchase of the canal
structing the waterway. The court de-
clined to grant the motion on the
ground that Wilson could not furnish
the necessary heavy bond required in
such cases. The proceeding was begun
at the time Assistant Attorneys Gen
eral Day and Russell We're in Paris
winding up matters preparatory to the
transfer of the canal property from the
new Panama Canal company to the
mt Of he INIT fnfo
the French company was not a little
alarmed over the matter.
The proceeding which is to be begun
next Tuesday is an action for a per-
manent injunction restraining the sec
retary of the treasury from disburSing
any money or issuing any bonds on ac-
count of the canal, and as the question
Is to be argued on its merits, no bond
will be required. The petitioner has
been regarded with some indulgence
by the department of justice, and some
surprise was caused when the brief Of
Lawyer Citizen Wilson, in support Of
his petition, was read by the depart
ment attorneys. The brief is admitted
to be strong document, although not
necessarily formidable, and is evident
ly the work of a lawyer of ability
1t was reported last spring that Will
son was acting on behalf of the Co
has never been confirmed. The gen
eral ground taken by Wilson is that
the Spooner law authorizing the ex-
penditures on the canal is unconsti-
tutional, and that. moreover the ad-
miniStration is not carrying out the
precise provisions of the act. The
Spooner law was framed when it was
supposed that the treaty providing for
the right of way would be ratified with
the government of Colombia, and before
the Panama republic, with which our
treaty was finally negotiated, came into
existence. The petitioner for a re-
straining order holds that the Spooner
act cannot be made to apply under the
changed conditions.
Assistant Attorney General Charles
w. Russell, who was concerned in the
negotiations for the transfer of the
canal property on the isthmus, will
represent the government at the hear
ing tomorrow. Walter E. Clark