Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-02

tie the hands of the commission. and as
the penalty of such a bond which agrees
to make good any loss sustained by rea-
son of the delay occasioned While the case
is pending in the appellate court. would
be almost prohibitive, it. is thought un-
likely that such course would be pur-
sued. Contracts have been let in con-
nection with the work of preparing the
site, and the government would probably
insist on a large bond If any attempt
were made to stop the work.
Attorney {. II. Syme when asked by n
Star reporter what steps would be taken
In the effort TO save the historic trees
said: AT the proper time shall probably
note an appeal from Justice Gould's de
cision. | regret that the court did not
decide that any citizen had a right TO
stop by Injunction the plain violation
of an act of Congress by an agency ere
ated solely by Congress and responsible
to no other department of the govern
ment. No case exactly similar to this
one can be found I'm the Jurisprudence OF
England or America.
The essential question before the court
was whether private citizen has a right
TO enjoin the plain. palpable. patent vio-
lation of act of Congress by a COM
mission authorized by Congress and not
under the control Of any other branch Of
the government.
IF such a commission is authorized to
do certain act in certain way and pro-
ceeds to do 1t in an Illegal way and no one
can interfere, then we have a body above
and beyond the lava situation which
should be unknown to our institutions. II
such is the case. the sooner law is
enacted which will give the right of inter-
ference TO some one the better It will be.
Right Of Taxable Inhabitant.
THE Supreme Court has more than once
upheld the right OF taxable inhabtant
in the states to restrain the unlawful dis,
l,,,r ix.iSi Of h,t In,
such cases 1t was on the ground that
citizen might be compelled to pay add
tional taxes in the future because of such
illegal action.
The taxes levied by the United
States are indirect, and 1t has yet to be
ultimately determined whether an in
direct taxpayer has the same right as
one who pays direct taxes.
II filed a bill in the case for two
purposes: First, to preserve the trees
in the Botanic Garden until Congress
should meet; and second, to bring be-
fore the court for its determined ton the
questions | have outlined. The first
purpose has been subserved. 1t re-
mains to Congress to preserve these
trees or permit their destruction. The
responsibility is where II should rest.
LAS to the other questions raised by
the bill of complaint. the appeal noted
will take them.to the Court of Appeals
for adjudication. At any rate, Col.
Bromwells answer states that there is
no purpose to destroy the trees, but
the object is to transplant them The
original intention was assuredly- be-
lieved to be to cut them down. To The
Star Is due the credit that TINS was
frustrated.s Around all of these trees
clingS a sentiment. No one ever heard
of transplanting sentiment"
No Immediate Action.
Inquiry at the War Department this
afternoon developed the fact that no i'm
mediate action will be taken by the Grant
memorial commission in consequence OF
the action of Justice Gould in removing
the injunction against the prosecution OF
the work of building the foundation for
the Grant memorial in the Botanic Gar
den. Col Bromwell the engineer officer
in charge of public buildings and grounds.
who is the executive officer of the Grant
memorial commission, this afternoon.
when questioned as to the effect of the
courts decision, said no attempt will be
made to transplant the Crittenden oak
and the other trees within the limits OF
the monument foundation for some time
to come. for the reason that 1t would be
impossible to resume construction opera
tons on the foundation until the opening
of spring.
He said his hands had been tied up to this
time by the Injunction proceedings. and
that as the necessary cement work on the
during the cold weather 1t is not likely
that the work on the foundation can be re-
sumed before next spring.
Col. Bromwell made 1t clear that he was
not speaking for the Grant memorial conf
mission. but was simply expressing his in
dividual opinion on the subject. He ex-
planned that when he received an official
copy of the opinion of the court in the
matter he would bring 1t to the attention
of the commission, and it would be for that
hndv IN decide q n future nnpratOn9 and
especially when they shall be started. He
indicated clearly however. that there was
no likelihood that work would be resumed
on the unfinished foundation for several
weeks to come.
Both Secretary Taft and Gen. Dodge. the
only remaining members of the Grant me
mortal commission, are now in this city
and it is expected that they will have a
conference in few days as to the best
course to pursue in regard to the erection
Of the Grant memorial