Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-19
Of the Carter Fund $4,000
Has Been Allowed Counsel.
EFFORT OF GOVERNMENT
Successful Appeal to Supreme Court
to Stay Proceedings.
WRIT OF PROHIBITION ASKED
Attention Called to Agreement Of
1901, But Solicitor General
Says It Has Been Violated.

The Supreme Court of the United States
today issued an order staying proceedings
in the United States Circuit Court for the
northern district of Illinois in the matter
of the application of Capt Oberlin NJ
Carter for the allowance OF further coun-
sci fees in the governments suit against
him for the restoration of the funds al
legged to have been procured by him
through defalcation.
The order of the court will be directed
to Judge c. c. Kohlsaat, sitting In the
circuit court. The application for the
order was made at the incoming OF the
Supreme Court today by Solicitor General
Bowers, who was accompanied by Special
Assistant Marion Erwin, who has had
charge of the Carter case from Its be-
ginning
The application was for an immediate
stay of the proceeding in the circuit
court, which was to have taken place to-
morrow. and request was also made fol
a future writ of prohibition.
First Application of the Kind.
The application was the first ever
made by the government for writ OF
such a character, and the presentation
created quite a ripple Of excitement in
the court.
In bringing the matter to the attention
Of the court Mr.. Bowers said that he
appeared with much reluctance, and that
he did so only because of the urgency
Of the matter He then announced that
notice had been given that the attorneys
for Capt. Carter would tomorrow make
application to the circuit court for a
further allowance of counsel fees to be
paid out of the Carter fund. which is
held by receiver pending the settle
ment of the case.
He stated that in a previous proceeding
Of the circuit court the funds had been
awarded to the government, but that such
enormous counsel fees had been allowed
as to cause the government to appeal to
the supreme court. On the other hand
Carter had appealed from the general YER
dict, SO that cross appeals are now pend
ing.
Payment of Counsel Fees.
Mr. Bowers further stated that ont of
$135.OOO the circuit court had already
granted fees amounting to $SS.0OO. These
grants had been made for services in the
circuit court alone. The present petition
was for expenses in bringing the appeal.
Mr.. Bowers made the point that the cir
cult court was without jurisdiction to
Judge Kohlsaat had already taken the
position that the matter was within mis-
control.
On account of this statement Of the
judge. Mr.. Bowers said there was great
apprehension that tomorrow proceeding
would result in further large grants, and
he feared that II these continued there
would not long be much to fight over.
Attorney John B. Daish appeared for
Capt. Carter, saying that the petition to
be presented in Chicago tomorrow was to
be filed in his behalf for expenses in
connection with the appeal. He called
attention to the fact that az far back as
1901 there had been a stipulation be-
tween the government and Capt. Carter
and his associates permitting the use of
the fund so far as necessary for Carter
defense.
Mr. Bowers replied that the stipulation
had not been lived up to and that Il was
not binding. He again made the point
that the circuit court was without juris-
diction.
The Order Authorized.
Without leaving their seats Oh the
bench the members of the court author
ICED the chief justice to direct tie is
suance of an order against the proceed
ings contemplated for tomorrow and per-
hitting the government to file its petition
for writ Of prohibition enjoining Judge
Kohlsaat from making a further distri-
button of the Carter funds. The rule
was made returnable on the LIST of No
vember.