Evening star., 1915-05-22

.... - THE
with tho demands, and the next demand
might very we'll have been that we fur
nish transcript Of every transaction
of any kind whatever that the Riggs
bank has had since July l, 1895, to date.
Expense and Time Entailed.
I'VE could have turned >over all of
these men, to whom, as your honor win
| notice in the bill. our expense account
is. think, as stated, over 100000,
nearly 100000 a year-we could have
turned over our entire bank force
and all Of its officers. taking them away
from the transaction of It's business,
and. at an untold expense, have COM
had complied with those things we
would have had a business, through
neglect. through our inability to attend
to 1t. through our inability to have the
employees for the purpose go on with
the business. that was worthless: or.
il not that, then the very fact that we
would have to give this time to these
reports which we say were illegally
eXacted of US would have caused US
irreparable and incompatible damage"
II do not think I could find 1t there.
Mr.. Hogan" said the court. You could
have hired expert accountants. who
would have relieved all these clerks,
who were receiving 100000 year
do not see, in your statement of what
you claim you would have had to do
anything that would warrant me in
finding that that was irreparable dam
age within ex parte Young. If the
statute gave them the right to demand
that you do that thing. then the sta
by inference-the burden of doing it,.
MY friends say" Mr.. Hogan said
continuing his argument. that 1t does
not make a bit of difference whether
the call was void or not; that this pen
atty can stand. whether it was void or
within the law, then when he imposed a
penalty for the failure on our part to
comply with his demand, which was
without the law. the penalty can stand
II say that that cannot be the law
and I submit to your honor that If the
demand is void, then anything endeav-
ored to be done on that demand is
void If an assessment OF taxes is
void, then no officer is protected by
any step he thereafter takes to collect
these taxes or to levy on my property
to satisfy those taxes.
You have got to measure the whole
thing, conceding their construction
their liberal and far-fetched construc-
tion of a penal statute, construed by
Mr.. Warren according to the most lib
u
construed according to rule which
holds that Congress must be held to an
intent which 1t did not carry into legls-
lative enactment: construed according
to a rule which he sets up here to the
effect that that which Congress left out
your honor should put in because 1t
was in a previously standing and now
repealed statute: construed according
to all Of those rules which cannot hnd
any place in the well-recognized, today
standing rules OF statutory construc-
tion.
.aThen 1 say that he who attempts to
penalize me under statute SO con-
strued must follow within the narrow
channels of that statute; and II ne de-
viates in the first instance. and II the
demand was without the law and in
valid, then no penalty can be imposed
and enforced for refusal in whole or
in part to comply with that which was
void.
Necessary to Display Letters.
"If we come to the merits Of this case
and display. as in the evidence we will
have to display. and which 1t would not
be proper to display in our bill. these
fifty or sixty odd letters from the con-
troller. taking up the bulk of these 500
pages, then and not until then would it
be possible for the justice presiding in
whether or not there is in that corre-
spondence that which shows bad faith.
arbitrary abuse of power. and malice
on the part of Mr.. Williams"
That is true on the merits" inter-
jected the court, but ] am called on to
pass upon what is before me now.
What ! said-and I adhere to the state
ment-is that to me there is absolutely
nothing here to show bad faith on this
record"
mo. 1 will concede that" said Mr..
Hogan. The charge is there, and the
evidence naturally would not be in the
record.
What 1 started to say was this: My
friends fight for the dissolution of the
temporary restraining order and de-
NAL of the motion for a preliminary in
junction. Just in order that the courts
own final decision, should 1t be with us,
should be effective and do justice re-
gardless of what the court might con-
phases of this case. / have this to say.
Dissolve that restraining order, refuse
that preliminary Injunction. permit
that money to be covered into the
the merits of this case to final decree,
and you put us in the position, as to
one aspect of the case anyhow, of get
ting decree without the possibility Of
the court being able to enforce the
remedy it gives US.
80 that II there is any merit in their
contention with respect to the nom
granting Of the preliminary injunction
to hold the status quo as 1T now is, then
l hope the argument they have made
in support of their motion to dismiss
will find lodgment and approval in your
honors mind, SO that we may then
appeal to the court for the exercise of
the discretion that the rule gives it to
hold the status quo as 1t is, and at an
early date have a final decision in the
case: because If we are going to be de-
prived of our remedy by their being
allowed to go ahead with this matter
regardless Of how the case is going to
be decided on the merits. then I submit
to your honor that the purpose of a
temporary restraining order and the
purpose of a temporary injunction will
be made Intellectual
Mr.. Hogan closed his presentation
with an expression of thanks for the
courtesy and patience with which the
court heard the lengthy arguments and
for the consideration which had been
extended to counsel on both sides of
the case. He then submitted the case
for the consideration of the court, and
Justice Mccoy at once proceeded to an
outline of what his formal ruling will
be.