Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-18

could be taken. He obtained an order
from the court instructing Capt. Poole
OF the Engineer Corps in charge of the
erection of the memorial. to show cause
why he should rot be enjoned from CON
tinuing the work and commanding Capt.
Pool. to cease the work until today, when
his answer was to be fl ed.
Might Move Statue.
A message was received from Fred
erick Law Olmsted. jr.. of the park COM
mission to the effect that the statue might
be moved a few feet to the west. II 1t
were necessary to save the historic trees
Gen Crsnvile NJ Dodge chairman of the
Grant memorial commission. telegraphed
from Council Bluffs. Iowa, that he con-
sidered The Stars reasons good for spar
ing the trees. and that he was consult ng
the War Department in the matter. up "a k
or Cannon telegraphed that work should
be suspended until the executive could
take action, and. in case there was no au-
thOrity to act in the premises. that moth
Ing should be done on t! e Grant memorial
work until Congress convened.
Gen. Dodge had previously been in
vited by MIR. Oliver to come 10 Washing
ton and look into the situation, but he
replied that he detained at Council
Bluffs by business affairs. He is chair
man OF the Grant memorial commission
officio. The third member was former
Senator George Peabody Wetmore whose
mem b=rsh!p terminated with the expira-
ton of his term in the Senate.
The site for the memorial at the east
end OF the Botanic Garden was selected
by committee. CONTAINING thret MEM
bsrS Of the park commission. this COM
mittee having been named by the COM
mission. But the park commission mas
no authority in the matter
Az al he lSpt
OF the President protects al the impor-
tant trees OF the District. with Speaker
Cannon urging that matters wait until
Congress convenes. while Gen. Dodge.
with full authority granted by Secretary
Taft thinks the reasons good for say
Ing the trees" and is urged again to
come to Washington to give them full
protection.
The Injunction Proceedings.
Chief Justice Clabaugh today granted
permission to Attorney Conrad II. Syme
to file an amended bill of complaint in
his effort to secure the preservation of the
historic trees In the Botanic Garden. At
the request Of Mr.. Syme the hearing on
the rule issued against Capt. Poole as
executive officer OF the Grant memorial
comm ssion, was continued until next
"Wednesday at 10 o'clock.
In asking leave to file his amended petit
ton Attorney Syme explained to the court
prepared in order to meet imminent
situation where 1t appeared that the
least delay might be fatal to the trees.
He desired. he said TO bring before the
court in a most complete form the history
and authority of the Grant memorial COM
mission. the history and purpose of the
Botanic Garden. and the history of the
celebrated trees there contained, all of
which trees, Mr.. Syme intimatei to the
court. he would argue were designedly
planted and cultivated.
In using the word unoccupiad. he con-
tended. in authorizing the selection of the
site for the memorial Congress could not
have had In contemplation the taking of
ground occupied by trees. designedly
planted in cOmmemoratiOn of historic
events He also stated that he desired
the matter to he presented to the court
in its every detail and that the pleadings
should show the complete situation. so
that II the case were appealed by either
side the appellate court would have a
complete record before 1t.
Object to Postponement.
United States Attorney Baker and his
assistant, Stuart Mcnamara. consented
that the amended bill be filed. but siren
uously opposed the postponement of the
hearing Mr.. Mcnamara characterized
the proceeding as an unheard of venture
or novelty in Jurisprudence and declared
that the delay would operate as an in
junction.
He informed the court that the answer
OF Capt. Poole set up all the information
needed for the purposes of the hearing,
and stated that the petitioner had ten
days in which to prepare his argument.
In further opposition to delay ne told
the court that the contract for the cree
ton of the statue has been let, with
time limit at August next, and that there
was already on the grounds material COR
the memorial which should be assem-
bled with expedition to prevent damage.
Mr. Syme and the public have had five
years notice. Mr.. Mcnamara said. of the
authority reposed by Congress in the
commission to locate the statue In any
unoccupied reservation or part thereof,
exclusive Of the Capitol grounds and the
grounds surrounding the library OF Con-
gress. As early as last June. he stated.
the decision of the commission to use the
Botanic Garden was announced. and no
word had been heard in opposition until
ten days ago.
A Question for Congress.
Mr.. Mcnamara warned the court that
Il was being asked to step beyond the
pale of the judiciary and into the realm
OF the legislative branch Of the govern
ment 10 arrest the action Of the commits
sion. which had been created and en-
powered by Congress He intimated that
the Capitol was the place where redress
should be sought and not the court of
equity. which, he claimed, Is without
Jurisdiction in the premises.
To the amended bill. which sets out In
detail the history and purposes of the
Botanic Garden and the memorable trees
are appended exhibits the letter ad-
dressed by Superintendent Smith of the
Botanic Garden to the mayor of Detroit
some ten years ago giving the history of
the Crlttenden oak and the Beck elm: a
letter from the superintendent on the
same subject to Justice Harlan and a
clipping from local paper giving the
history of the famous trees located In the
garden.
Capt. Poole was present at the hearing
this morning and listened attentively to
the proceedings On being introduced to
q Star reporter he remarked: Your pa
per thinks me quite vandal.'
Capt. Poole's Answer.
Capt. Pooles answer. flied this morning
denies the courts jurisdiction, and asserts
that Congress alone has power to grant
the relief asked by Mr.. Syme. 1t admits
the citizenship of the petitioner and that
he may pay taxes in the District of Co
lumbia. but declares that Mr. Syme is not
q taxpayer OF the United States. and has
no right to institute and maintain the pro-
ceedlngs Capt. Poole asserts that the
statement that he is acting as engineer
of the Grant memorial com mission is not
hat \, iS teyy1r nor ri lu anttn mo 10