The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-16

WAsuiNGToN, April l5--An emphatic
denial that the Riegs National Bank is
acting as an agent OF other national
| banks in a war upon Comptroller Will
Jams was issued to-day by ex-senator
Joseph W. Bailey, counsel for the bank
IN the proceedings which have been
started against the Comptroller.
MIR. Bailey said that 1t was only nat
ural. however. that every national bank
would be deeply Interested in the case
because 1t involves questions constantly
confronting all OF them which never
have been passed upon by the courts.
Another development in the case TO-
day was the announcement from the
Department OF Justice that the Govern
ment will ask for n pustponement OF the
hearing upon the restraining order is
sued by Justice Mccoy OF the District
Supreme Court last Monday. This an
nouncement came from Louis u. Bran.
deis. who said this afternoon:
II is physically impossible 20 pre-
pare the case by tomorrow and the
Government will therefore ask for
the postponement Of the hearing
until a later day.
1t was learned that n post ponement
o. at least week will be sought. The
announcement that the Government
would ask for "a postponement came as
a surprise, for Comptroller Williams
who has been in almost constant touch
with the attorneys In charge q,
| the case. had said earlier in the
day that the Government would bs
ready to proceed Tomorrow morning
The formal request for postponemen,
| will be made by District Attorney Las.
key and II IL expected that the case will
remain in it's present status until a
date FOR the hearing IL set
A reassignment OF motions In the Dis.
| trict supreme Court was made to-da,
by which the hearing on the restrain.
! ing order will be held by Justice Mccoy
who issued IT, and not by Justice sid.
| dons, President Wilson's most recen,
arpointee. as was originally planned
Representatives OF the Riggs Nationa
Bank secuted the idea that the Govern.
/ ment Is about TO undertake crimira
proceedings against officials OF the bank
/ They declared that the Comptroller
would have resorted TO this long ago hsr
/ he had sufficient grounds for doing so
Here is ex-senator Balleys state.
ment:
! "a lawyer IL seldom Justified in max.
| ING pubic statements with respect IL
any suit which he has instituted O,
which he Is defending. but feel Obliged
I 10 enter my formal and emphatic pro.
/ test against the very obVious attenpt
which Is being made to give n political
/ significance to the case OF the Riggs Ma.
| tonal Bank against the Comptroller o.
/ the Currency and other Treasury of
hcials.
"ln certain parts OF the country a,
least the Riggs National Bank is rep.
resented as merely the active agent OF
/ other banks in a war upon the Comp.
trollers office. and II is sought to Oh
sure the legal questions by an appeal
TO political prejudices.
/ Under these circumstances think /,
incumbent on me To say, once for all
that the Riggs National Bank did no,
consult any other bank in the United
States about bringing this suit nor did
| the attorneys for the RIGGS National
Bank consult any other attorneys IN
the United states about bringing IN
suit.
The bill In this case was prepared
/ by tho attorneys whose names are
signed 10 it, myself and Frank J. 10.
Ran-and no lawyers otner than us ever
saw any portion OF IL until it had beer
prepared
THE correspondence between the
Riggs National Bank and the Comptrol,
lers office demonstrates beyond the
shadow of a doubt that the officers oi
? that bank earnestly desired to avoid a
. conflict with the Treasury officials and
until the Comptroller had assessed a m,
. Of $4,000 against II, ordered the Interest
on it, bonds withheld from it, notihed
4 that II had imposed continuing fine:
Of an indefinite amount upon il aut
threatened Il IN other ways.
"Cuder those circumstances the banl
was compelled either to submit to
deprivation Of It's property and It's rights
/ or apply Ia the courts for protection.
at il not AT all singular that every
national bank in the United States i'
deeply interested m the case brought
by the Riggs National Bank against IN,
Comptroller of the Currency and others
because IT involves questions which con
front them almost every day and whict
IN 10 this time have never been passct
upon by any court
THE decision in this case will de
termne how far the banks Of this coun
try are subject to the arbitrary power q
the Comptroller of the Currency anC
also how far the Comptroller OF tn
Currency is subject to the limitation
of the law.
1T could not therefore be otherwis
than that the banks are concerned