Evening star., 1915-05-20

! :
N&HX
ONE OF THE LATEST PICTURI
Interpretation placed upon it which
Mr.. Hogan attempted to place upon it
in his argument, and for that reason, 1
say. it did not seem that it was neces-
sary for the government, for the de-
fendants, to advert to it in the printed
brief
Explains Language Of Statute.
The meaning Of the present statute
Is SO clear on a consideration not only
of the statute as it now is upon the
statute books but as it has developed
out of the various statutes which were
its predecessors. that at the risk of
prolonging this argument I think l
can satisfy your honor by almost
mathematical proof that the present
language of the Revised Statutes, 5213,
means and has exactly the same mean
ing that section l of the act Of 1869
had. from which it was derived.
"Mr. Untermyer argued yesterday
that, entirely independent of the his
tory of this statute the words. for the
periods therein respectively mentioned"
simply was short way Of saying for
the period Of five days" or for the
period of ten days" respectively men
toned. That is. that instead Of repeat
ing the two periods which had been
they simply said for the periods
therein respectively mentioned" and.
as your honor noticed. 1t is a PEN
atty which Is prescribed for any re-
port required in the two preceding sec-
tions. Unless Congress meant by the
word any all reports. then you must
interpret the word any to mean not
any report required In the two preced-
Ing sections. but any report except a
special report, and that, in our view,
would be nothing but legislation on the
part of the judiciary"
Mr.. Warren then gave an exhaustive
analysis of how the sections of the
Revised Statutes were collated. and
how by a juxtaposition the penalty
clause now appears as section 5213, and
was taken out of the first section of
the original revision of the statutes
and transposed in order to make its
penalizing effect cover not only the
general reports ordered by the con-
troller but also the special reports
that he might see At to demand. As
sistant Attorney General Warren also
filed brief charging his oral argu-
ment.
Untermyer Finishes Argument.
Samuel Untermyer, of counsel for the
Treasury officials. ended his argument
in support of the motion to dismiss the
temporary restraining order a few
minutes before time for adjournment
yesterday afternoon. following which
Charles Warren. assistant attorney
general. filed in behalf of the Treasury
officials a supplemental brief in which
1t was affirmed that the court had no
power or authority to interfere with
the assessment of the $1,000 fine levied
by the controller Of the currency
against the Riggs Bank for alleged in
fractions of the national banking code.
In support of this additional supple
mental brief Mr.. Warren held that the
fine was levied in accordance with the
discretionary powers conferred on the
controller of the currency by statute,
and that as the constitutionality OF
this portion of the national banking
laws had never been called in question
the court was without authority to re-
view such act of the controller.
In finishing his argument yesterday
afternoon Samuel Untermyer called at
tention to what he denominated dunn
my loans" which he asserted had been
made In large numbers and which
practice he declared had existed over a
period covering practically the entire
duration Of the banks existence. Such
loans, he declared, were made to clerks
of the bank and to officials and other
employees Of the institution, the actual
benefciaries of the loans, however
being persons other than those desig-
mated in the notes, etc. Collateral Sc
curing such loans, Mr.. Untermyer de-
| clared, was not the property of the
persons in whose names the loans were
| made.
Excessive Loans" Referred To.
He referred again and again during
| the afternoon to what he said were e1-
| cessive loans made to officials OF the
| bank, and to loans made to persons
), who were not customers Of tho bank
| declaring that such methods Of doing
business were not in accordance with
sound banking principles. He laid
great stress on what he asserted to be
| a continuing series Of stock brokins
and "stock piking" operations In which
| he asserted, the funds Of the bank had
been used for the benefit OF officials OF
| the bank.
] At the adjournment Of the afternoon
session yesterday Senator Bailey, chile,
counsel for the Riggs Bank, said he
| would require only about an hour an6
| a half for the closing argument In
| support of the banks contention for q
| continuance of the temporary injunc-
| tion and trial of the case.
Government Depositories.
Speaking Of the choice OF the gov
| ernment Of the banks that shall be
depositaries for government funds. Mr.
Bailey said:
"rhs Secretary Of the Treasury tal<ea
credit to himself, and ! freely ALLOW
that credit, because he has Increased the
number OF those depositaries from some
thirteen hundred and odd to some sew
| enteen hundred and odd; but still, ae.
cording to that statement, there are
more than 5000 Of these banks that
| stand without the pale of the govern
| ment's special favor.
II would regard 1t as q mere dema-
gogic appeal to go to those banks and
say that the government is diaorimi-
mating against them. The government
| could not place its funds In all the
banks. 1t must make Its choice, and
do not complain here or elsewhere II
| 1t chooses banks OF its own way OF
thinking.
Il have not much patience with this
. modern idea that It is q virtue to love
} the other side as much as you love
your own side. I do not believe that
ought to be exaoted Of men In politics
/ do not believe 1t ought to be exatce6
of men anywhere except In the court
house. That Is the only place where
the man Who has the power OF decision
ought not to know anything about tbs
parties to the case. He caught to know
To- hA OH