Evening star., 1915-05-18
COURT QUESTIONS
BANK'SATT0RNEY
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IT wish to present a few simple propo-
sitions of law. stripped of all vitupera'
tive verbiage."
He stated that that portion of the
banks bill of complaint referring t
demands for reports and assessment OF
penalties for failure to make them was
now irrelevant, as express waiver mas
been made of further reports, and pen
alties heretofore assessed have also
been expressly waived.
In regard to the $1,000 interest on
bonds alleged to be due to the bank
and Illegally withheld. Mr.. Brandeis as
serted that while statutory provision
is made for the payment of interest 1t
also is provided by statute that when
national banks incur penalties by rea-
son of violation of law such penalties
are to be deducted from whatever In
terest may be due such bank.
He held that. this being the case in
regard to the controversy between the
Riggs Bank and the Treasury officials.
the United States is a party, in that it
stands to lose money due it under
statutory provision: and that therefore
the complaint of the bank was not
properly drawn
Mr.. Brandeis was to be followed by
Samuel Untermeyer. but after Mr. Bran
deis finished Mr.. Untermeyer told the
court he was too Ill to go on. The
court then adjourned until $50 o'clock
tomorrow morning.
Justif1es Secretary's Inclusion.
Justifying the inclusion of Secretary
McAdoo as one of the defendants
named by the Riggs Bank in its COM
plant, and denying the allegation Of
counsel for the government that the
inclusion of the Secretary of the Treas
ury was solely for the purpose of cir
culating libelous statements under the
protection of the law, Attorney Hogan
rose to dramatic heights in his flagel-
lation Of the Treasury officials and the
imported expert cross-examiner"
Mr.. Hogan. rising on tiptoe and
driving home his declarations with
clinched fist, declared that II it could
be shown that Secretary McAdoo was
made a co-defendant for the purpose
claimed by counsel for the Treasury Of
ficials. he. Mr.. Hogan. should be dis
barred. and with him his associate,
former Senator Bailey.
This allegation is not a charge against
laymen who do not know the law" he
declared. ut is a contemplate, an un-
founded and a false aspersion on two
men who are officers of this court and
who here represent the plaintiff, serv-
ing this court in a representative ca
pacity. Speaking for myself-and
assume also to speak for Senator
Bailey denounce 1t, and I demand
that II 1T be proven be disbarred, and
with me Senator Bailey, as no longer
fit to appear before this court"
Treasury officials interrupted Mr.
Hogan. saying: "Then we disclaim any
intention to include a false statement
in our reply"
Holds Disclaimer "Too Late"
Mr.. Hogan, turning on Mr.. Inter
myer. shook his fist in a gesture that
included the entire line of opposing
counsel, exclaiming dramatically:
You can't disclaim 1t: you have put
1t In the records. and your disclaimer
is too late"
The incident. one of a score of dra-
progress of Mr. Hogan's opening state
ment, which occupied practically the
entire day yesterday. came while Mr.
Hogan was making a fight against the
motion In behalf OF Secretary McAdoo
for dismissal of the suit as 1t in
wolves him. the Secretary He endeav-
ored to show that Mr.. McAdoo was a
part OF the alleged conspiracy to wreck
the bank. despite the disclaimer of Mr.
and declared that a man NAV
do many things that are lawful, but il
he consptres with another to do these
things while the other is doing some
thing else, and the two in concert at
tain an unlawful end. then the fact
there are lawful will not save him
from the remedies of the law
Cites Direct Answer.
direct and conclusive answer to
the governments main contention, Mr.
Hogan said. is found in Poindexter
sgt. Greenhow in ia United States. 270.
This contention" said Mr.. Hogan.
Seems to be this:
First of all they say: The court
need no longer pay any attention to
these other penalties which were in
CURED and which the bank was con-
tinuously And continually mourning.
You need pay no more attention to
that, because the defendant Williams
has come into court and said he did not
mean what he said, that he was not
going to require the bank to answer
any more; they could quit answering
these letters, and that he was not go
ing to require the bank to pay an, of
these penalties
"1njunction Will Not Hurt"
We'll. II that is so, then the intunc-
tion will not hurt the defendant Will
liams. This suit Is to be determined
by the condition that existed at the
etA''S e'AN '1Ai " oo AISu Al lIidl Time ne
had assessed penalties. and had said in
explicit language that he was going to
continue to do go We apparently made
the mistake Of taking him at his word -
Mr.. Untermeyer: "You are mistaken: :
he assessed the penalty"
Mr. Hogan: At that time / repeat-I
am not mistaken; / repeat the precise
language ] have just uttered-at that
time he had assessed these penalties OF
800 day for fifty days, and said that
we had incurred other penalties. that
they were running on at the rate of
500 day. and that he was going to
continue to do so. That is what I said,
and that is what l say. and that is
what l repeat, and that Is what he
said in his letter of March 80, in clear
and unequivocal English: and 1 bor-
row that phrase from the vocabulary
Of the defendant Williams.
Mr.. Warren's Statement.
What does Mr.. Warren say? Mr.
Warren says: Yes. he said so. but he
does not say SO any more. and there
fore you ought not to have any stand
Ing in court The mere statement after
the bill is filed of an intention not to
do what he threatened he was goins
to continue doing does not give him
. right to have the Injunction not 60
n aioh hA ~ las otN