Evening star., 1915-05-12
Hearing Put Over Until Mon
day at Request of the
Government.
NO OBJECTION OFFERED
BY PLAINTIFFS COUNSEL
Difficulty Encountered in Preparing
Affidavits. Mr.. Inter
meyer States.


Williams. controller of the currency:
William G. McAdoo. Secretary of the
Treasury. and John Burke, treasurer
of the United States. in which these
Treasury officials are accused of hav-
ing tried to wreck the bank, was post
poned today by Justice Mccoy. sitting
in the District Supreme Court, until
Monday, at the request of counsel for
the government. This makes the sec
ond delay that has been granted on
the hearing of the case.
Samuel Intermeyer of counsel for
the accused Treasury officials was the
principal spokesman for the defense,
He said that the officials wanted day
in court to be heard on the facts in
volved. declaring that probably no bill
had ever been filed In the court which
so pillores government officials"
Counsel has been unable, he said to
nave prepared in time for hearing to-
day number of affidavits and docu-
ments which the government officials
the motion to dismiss the case for want
of jurisdiction which they have filed.
Difficult to Prepare Affidavits.
"It has been very much more difficult,
more laborious. to prepare these affi-
davits,' Mr.. Untermeyer said. than was
supposed. and the papers have not been
prepared in time to give the other side
a reasonable opportunity to go through
them. We do not ask an adjournment
on that ground 1 understand that they
do not consent to the postponement but
that they do not oppose IT.
I'VE think that full hearing of the en-
tire question. both on the questions of law
and fact, will aid your honor in the de-
termination, and that they ought not to
be separated and cannot fairly be sepa-
| rated. because on the motion to continue
the injunction we necessarily raise the
question as to the equity of the bill So
| it would have to be argued again on the
hearing of the injunction. For that rea-
no opposition by the other side, that If
possible you fix this hearing for Monday"
Bank Ready to Proceed.
Former Senator Bailey of counsel for
the bank said that the bank Is perfectly
| willing that the government shall have all
the time 1t deems necessary In the prepa-
ration Of it's case. But Mr. Bailey said
| that the motion to dismiss, which has been
filed by the governments counsel and
which is in the nature of a demurrer, con-
cedes all of the allegations of the petition
and must be tested on that concession.
whereas. he declared. the answer to the
rule presents different question,
STILL" he said. I'VE are not going tn
object. We simply say we are entirely
ready now to proceed with the argu-
ment on the motion to dismiss"
Mr. Gntermeyer replied that there Is
that he said. lis the question Of the
accountability of public officers, who
have been gravely charged and pill
ioried. and they do not feel that. how
ever secure they may be upon the le-
gal proposition. they ought to rest upon
it
Answering question by Justice Nc
Coy. Mr.. Untermeyer said that he
thought the argument would take
| about two days. Mr. Hogan agreed
with him. but Mr.. Bailey said:
IF ! understand this case as well as
think | do. l should consider it a
waste OF the courts time to occupy
more than an hour and a half in the
argument.
Hopes Argument Will Be Short.
Justice Mccoy said that he hopes the
case will not take more than two days
to argue. He remarked that he has
familiarized himself with the bill of
complaint. had looked through the ma
tional bank act and the federal re-
serve act and that he regards the case
thing else. He said he thought one
day would be enough.
Mr.. Intermeyer continued TO press for
the opportunity to go into the facts
when the hearing is held. II doubt" he
said. whether any bill has ever been
filed In this court that contains SO much
of was about to say invective.,
Justice Mccoy remarked that there will
be every. opportunity to have the case
presented fully.
Frank J. Hogan OF counsel for the
Riggs band said that it seemed to him
an illogical proposition to ask the court
to listen to an argument and a presenta
ton OF facts when the court might de-
termine on the motion to dismiss that it
has no jurisdiction
No Need to Argue Facts, He Says.
II cannot possibly see'' Mr. Hogan
declared why we should argue facts If
there is any merit in the motion to dis
miss. Simply in order to permit certain
gentlemen represented by my friends to
answer back invectiveo / hardly think
the courts time ought to be taken up.
nor that II is within the province of the
court to have that sort of thing done in a
case where it has no jurisdiction"
Mr. tntermeyer replied that lit would
be monstrous that these public officials
should be called into court upon allega-
tions of this kind and not have an oppor-
tunity to reply to them
The question of whether the facts are to
be argued and presented when the case
comes up again was left open. Lawyers
today said that 1t is a question for the
court to decide just what latitude will
be allowed at the hearing
she FIRES At RTIRGIAR