The Washington times., 1915-05-17

fnes he assessed against the bank.
There is also an affidavit by Mr..
Evans challenging certain statements
made in the Williams reply as to the
reserve of the Riggs Bank and the
amount on deposit accredited to GER
tain borrowers from the bank who
are mentioned by initials only
Miss Lotta NJ Taylor's an AFFIDAVIT hsan
protested that she had never eve rro oeeh
ury building as the representatives OF
the National City Bank, of New York.
In filing this affidavit. Attorney Ho-
gan said:
Miss Taylor Not Expelled.
"Mr. williams puts in his affidavit
that the only thing he knows that could
be called malice was the act Of the de-
fendant McAdoo, in April. 1913. in ex-
pelling from the Treasury Building MISS
Lolita M. Taylor, a clerk in the employ
Of the National City Bank and Of the
plaintiff bank (Riggs), and the defen-
dant MsAdoo puts in his affidavit
statement in effect that he expelled MISS
Taylor from the Treasury Building be-
cause she was kept there to obtain ad-
vance information.
'.As an act of simple Justice on Miss
Taylor's behalf and on our behalf
file an affidavit which shows the utter
falsity of the statement that Miss Tay-
lor was expelled from the Treasury
Building; and not only that 1t shows
that beginning more than ten years ago
and up to this very hour Lolita M. Tay-
lor has been on duty in the Treasury
Building and Is working there today;
to show that on May 2S, when the af-
fiant Trimble made his report to the
used as part Of his affidavit, Lotta
NJ Taylor was earning her living as d
clerk Of the National City Bank in the
office Of the Comptroller of the Cur
rency in this city"
No "Delilah of Wall Street"
Mr. Hogan asserted that Miss Taylor
received. according to Mr.. McAdoo's
showing. the tremendous salary OF
$40 year. but she has been pilloried
In the public press as a result of the
defendant McAdoo's action. as the
by Americas largest bank. In the
Treasury of the United States to get
advance information"
Attorney Untermyer said he had not
had time to read the so-called short
affidavits." offered by the bank. but
he protested that the offering of ad-
ditional papers should not be continued
in definitely. Justice Mccoy said he
would admit the affidavits and If the
Treasury officials desired to make reply
they might do SO.
Mr.. Hogan then launched into his
argument proper, which related to the
jurisdiction over the court to review the
acts of the three defendant public Of
flcals.
1t was during the earlier passages
between the attorneys that Mr.. Inter
myer Observed
I'VE do not keep a publicity bureau:
we are glad to get this case from a
publicity bureau to judicial body"
Nat <o Tact UD,J pIooJ.S
why. you gave out the other day a
| twenty-four page statement from the
Department of Justice" hotly retorted
former Senator Bailey. aroused over the
publicity" reference Mr.. Untermyer
that We might discus this case calmly
and without inveCtive." looking toward
MIR. Hogan at the time.
Il do not intend to attempt to say
| how bad blood got into this case" said
Justice Mccoy, interrupting the Bailey
Cntermyer set-to, but this court Is
not going to be used as the laboratory
for testing bad blod. I'll ask that the
| personalities stop now. Let US take
fresh start as lawyers"
THAT suit u.s." Chimcd the two sides,
each glancing disapprovingly at oppos-
| Ing counsel.
| Mr.. Bailey and Mr.. Hogan, while at the
| Governments table sat Louis d. Bran
deis. Samuel Untermyer, District Attor-
ney Laskey, and Special Attorneys At
kins and Warren. of the Department of
| Justice.
MIR. Hogan. throughout a long ar
gument. contended that the courts
did have right to review the inter-
pretation by. the Comptroller of the
Currency Of the national banking
laws and to see that bank was not
the victim of unlawful exactions
from those clothed with brief au-
thority."
Says Court Can Mandamus McAdoo.
That the court also had the power
to mandamus Secretary McAdoo to
compel the payment to the bank OF
1.-The interest money due was declared
by Mr.. Hogan. who opened his argu-
ment with the statement that for
eighty years the history of the Riggs
Institution had been an honorable
history. and the the Comptroller. in
his defense, admitted its unquestioned
solvency.
LAS to the matter of bad blood" he
said, turning to Mr.. Untermyr "and
the talk of calm. dispassionate dis.
cussing OF this case, say that wher
official usurpation robs men OF theil
good name and attempts to ruin ar
honorable institution If there can bC
| tnOsS VINO can CdllIly discuss SOCn ma
ters am glad to be excluded from the
class"
Referring to the defense OF the
Treasury officials that they could no
be brought into court as they in real
ity represented the United States
which cannot be sued without the con
sent Of the Government Mr.. Hogar
said that was time-worn but no
time-honored excuse of public officer
hailed into court for usurpation.''
Acts of Usurpation Alleged.
Citing alleged acts of usurpatIon o.
authority and persecution Of the banl
by Comptroller Williams, Mr.. Hogan
mentioned Indignantly the variety OF re
ports exacted of the bank by Comp
troller Williams; the "inquisition will
reference to the Flather & Flathe
, account" the call for voluminous state
/ ments as to the accounts of borrowers
; the demand for information as to tn,
. amount of commercial paper whicl
the bank might use for emergency cur
rency issues under the AldTch-Vree
land act, and the insistence OF tn
Comptroller that the bank get up dat
, showing all its loans to Its officers dur
Ing the past eighteen years, although
Mr., Hogan said the law gave the Comp
a troller authority to determine only tn
i1n N@