The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-05-11
ASK DISMISSAL
OF RIGGS SUIT
McAdoo, Williams, and Burke
File Separate Motions, Dis
putting Jurisdiction.
TO FIGHT LEGAL POINTS
Dilatory Tactics of Defendants Inter-
preted as Effort to Subdue
Political Effect.

Secretary of the Treasury McAdoo.
Comptroller of the Currency Williams,
and United States Treasurer Burke
yesterday filed in the District Supreme
Court separate motions to dismiss the
bill of complaint brought against
them by officers Of the Riggs National
Bank. The motion is based on the
ground that the suit is beyond the
Jurisdiction of the court" the court
having no power to review the eNer-
else Of discretionary powers vested in
an official by Congress.
As forecasted In The Herald. the
Treasury officials intend to contest all
legal points involved and thus delay
trial of the injunction suit until the
probable effect upon the political for
tunes Of the administration shall have
been nullified. Whether the court rules
for or against the Treasury officials
on the motion to dismiss. it is believed
an appeal will be carried to the Dis
trict Court of Appeals and maybe to
the Supreme Court.
Separate Motions Filed.
Mr.. McAdoo. Mr.. Williams. and Mr..
Burke each filed a separate motion to
dismiss. the first four counts in the
three motions being Identical. The
first count is that the Riggs Banks
bill of complaint is essentially and
substantially q suit against the United
States beyond the jurisdiction Of the
court"
The second count states that the bill
involves the property of the United
States. is q suit against the United
States. and the United States Is not
made a party and cannot be made a
party without its consent The third
count sets forth that the plaintiff has
| plain, adequate and complete rem
edy at law, II 1t has any right. be-
cause any right the plaintiff has as
against this defendant is cognizable ex-
clusively at law" The fourth count says
that the plaintiff states no cause OF
action cognizable in a court Of equity"
The fifth count in Secretary McAdoo's
motion states that he has no power,
authority or Jurisdiction with respect to
the doing Of any Of the acts sought to
be enjoined' and particularly states that
he has mo jurisdiction with respect to
the approval of depositary banks, or
OF reserve cities. all such acts being
within the sole Jurisdiction and discre-
tion Of the Comptroller Of the Currency"
The fifth count in Mr.. Williams mo-
ton states that the actions of this de-
PENDANT are lodged by statute in his dis
erection and the court had no jurisdic-
tion to review the exercise of his said
discretion His sixth count AYERS that
the action to enjoin this defendant
from refusing to approve the plaintiff
bank as a depositary for the funds of
national banks is prematurely begun, in
that 1t appears that this defendant has
not refused such approval and has not
yet exercised the discretion vested in
him in that respect"
Says No Cause Is Stated.
Mr.. Williams declared in his seventh
count that in so far as the complaint
seeks to enjoin this defendant from
hereafter calling for special reports and
against assessing penalties upon the fail
ure to make reports. no cause of action
| is stated. in that 1t does not appear that
any further special reports have been,
or are to be called for. or that any penal
| ties have been imposed or are threatened
to be imposed with respect to such spe-
cial reports"
The fifth count in Mr.. Burke's motion
| is that the actions Of this defendant
| sought to be enjoined are imposed upon
him by law The last two counts are
| identical In all of the motions. being for
want of indispensable parties defendant"
and for other causes apparent upon the
face of the BILL
The motions were filed by Charles
Warren, Assistant Attorney General;
John E. Laskey. United States Attorney,
and Louis d. Brandes. Samuel INTER
| myer, and Jesse c. Adkins. special assis-
| tants to the Attorney General.