Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-27
HEIRS ENTER SUIT
TO RECOVER OLD CLAIM AGAINST
THE GOVERNMENT.
Want Money for Steamboats, Belong.
ing to Commodore Montgomery,
G. s. N, That We're Confiscated.

The Secretary of the Treasury and the
treasurer of the United States were named
defendants In a proceeding In equity for
an accounting instituted today in the Su-
preme Court Of the District Of Columbia by
Charles W. Wood, trustee. He says he Is
trustee for H. G. Craft, James Montgom-
cry. Clara White, D. w. Wood and James
Montgomery as administrator of the estate
of Joseph E. Montgomery, deceased. The
latter, it is explained, was a resident of St..
Louis, citizen Of Missouri and one OF the
wealthiest and best-known steamboat men
on the Ohio and Mississippi rivers. The
court Is informed that he opposed secession
and cast his vote for the maintenance OF
the integrity of the federal Union, but that
when the south finally seeded he was COM
PEELED to cast his fortunes with the state OF
Mississippi, where his entire property In
terests We're located and he centered his
business interests in the confederate navy.
He was virtually forced into this position
because of the condition of his property, 1t
is added. and took commission under JEFF
ferSon Davis as a commodore In the con-
federate navy and built for the confederate
government the warship Nashville. When
the war was ended, however, it is further
set forth. he was the first confederate off,
Ger to take the oath of allegiance, which he
did at st. Louis in the presence of his old
neighbor, Gen. Ulysses S. Grant, and Gen.
graduate Commodore Montgomery.
The charge is made that persons claiming
to be military officers of the United States
seized steamboats, belonging to Joseph Ed
ward Montgomery, with all their machinery
and equipments, converted the same to the
use of the United States, sold and disposed
of the same without the consent of the
owner, against his protest, and that the
money received has been deposited in
the treasury of the United States and is
now held there q trust fund.
Boats Were Private Property.
The explanation is made that Joseph Ed
ward Montgomery bought from the confed-
crate government twenty-five steamboats,
and paid $25O,OOO for them. 1t is claimed
that the government had no legal right to
seize the steamers, which, it is charged,
were taken from the deceased Repeated
efforts have been made, 1t is stated, to have
Congress restore to Commodore Montgom-
cry what was rightfully due him. The COM
plainants then say: The strong sectional
prejudice that had taken possession of the
members of Congress north of Mason and
DiXon's line made 1t seemingly impossible
to get him justice. and now after all these
years his heirs have been forced to present
this claim to this court of equity Tor an
honorable adjustment and an order OF TINS
court compelling the payment to them OF
sum of money that would in some small
degree recompense them for the loss or the
fortune that their father at one time pos
sessed and which had been illegally seized
and taken from them
The money in question deposited In the
treasury of the United States it is contend
ed, should now be paid to the heirs OF 10
seph Edward Montgomery, through ms per
sonal representative, and the suit Is hled
flor the purpose of compelling an account
ing and for the relief that cannot be op-
tanned in any other manner, the parties be-
ing without a legal remedy"
ATTORNEY S. j. Wood Of Newark, ONO,
and Attorney D. w. Wood of this city rep
resent the complainant.