The Washington times., 1915-05-12
TREASURY MEN GET
CONTINUED HEARING
Justice Mccoy Allows More Time
for Counsel to Prepare De-
tense.
Continued from First Page.)

Continued from First Fage.)
we would not assent to the PROPOSE
tion ha when he court comes to de-
Gliding the demurrer 1t will take into
consideration anything said In the re,
turn" responded former Senator
Joseph w. Bailey. Of Texas. represent
II Il was was decided finally that the argv-
ments on the two issues should be
heard at the same time, but that the
court would dispose Of the motion to
dismiss first.
When the court convened Mr.. Inter
myer made the formal motion for a
after setting forth that II
was the wish of the counsel for the
defendants not to have arguments on
the two motions heard separately. as
the Treasury officials desired that the
two issues be combined so that their
answers and affdavits, showing justi:
fication for what they had DONE" could
be presented at the same time.
1T has been much more difficult
.hdavits, with their innumerable sched-
ules. than was supposed" said Mr..
Untermeyer. "and the papers have not
been prepared In time to give the other
side reasonable opportunity to &c
through them.
Wants Full Hearing.
"They do not ask an adjournment on
that ground. l understand they do not
consent to the postponcment; but that
they do not oppose 1t. We think that
q full hearing Of the entire question
will aid your honor in the determine
ton of both questions. and that they
ought not to be separated. and cannot
fairly be separated. because on the
motion to continue the Injunction we
necessarily raise the question as to
the equity of the bill and SO 1t would
have to be argued again on the hearing
Senator aBiley informed the court
that no opposition would be made. to
said that counsel for the bank did not
consent to such a course.
I'VE are perfectly willing that the
Government shall shave all the time
Of its case" he added. and we do
realize, also. that to argue the demur-
rer In one day and to argue the answer
to the rule another day looks like TAX
ing two bites at one cherry on first
motion to dismiss, in the nature of a
demurrer. comedies all of the allega-
tions of the petition, and must be tested
on that concession: whereas. the answer
to the rule. of course. presents a differ
object to even that order. We simply
say that we are entirely ready now to
proceed with the argument on the mo-
ton to dismiss in the nature Of a demur-
er."
Question of Law.
When the question Of the length of
time which will be required to present
the arguments to the court comes up,
Justice Mccoy said that he had read
the bill. the national bank act. and
the Federal reserve law, and that 1t
appeared to him as though the action
involved question OF law more than
would not take more than day to
argue the case.
"Of course. we believe that the ques-
ton of law will dispose of the case.
replied Attorney Untermeyer, but
counsel's beliefs on these subjects are
not always borne out
"Regardless Of that, however these
defendapts will ask your honor to per-
NIT them to be heard upon the facts.
I doubt whether any bill has ever been
filed in this court that contains SO much
of was about to say invective.
do not hesitate, Mr.. Untermyer, to
say anything suggested Attorney
Hogan. counsel for the bank
following bad example," retorted Mr..
Untermyer.
There will be every opportunity to
have the case presented fully. inter.
pOSeQ NCIOy. nope IL Will
not take more than one day"
ut seems to me a rather illogical
proposition to say that we present a
bare, naked legal question as to
whether or not the bill states any ques-
tion upon which your honor can possi-
bly, act" declared Mr.. Hogan.
Bill Would Fail.
"If that Is so. If my friends are right
in that respect, then the bill would
fail. Yet your honor Is asked to listen
to an argument and a presentation Of
facts when you may determine on the
motion to dismiss as a matter OF law
that you have no Jurisdiction. I can
not possibly see why we should argue
facts II there is any merit in the mo-
ton to dismiss.
Simply in order to permit certain
gentlemen represented by my friends to
answer back invective? l hardly think
the courts time ought to be taken up.
nor that IT is within the province of the
court to have that sort of thing done in
q case where II has no Jurisdiction"
Charles G. Glover and Milton f. Allies.
president and vice president. respec-
lively. of the Riggs National Bank, sat
beside their counsel. Messrs. Bailey and
Hogan. Appearing for the Government
officials, besides Mr. Untermyer, were
Louis p. BraEdeis, United States Attor-
ney John F.. Laskey, Jesse c. Adkins.
and Charles Warren. Assistant Attorney
General.