Evening star., 1915-05-11
Government Takes First Step
in Court to Defend Treas
ury Officers.
EXHIBITS TO Re FILED
TO JUSTIFY COURSE
Secretary McAdoo Not Concerned
With Action. Says Motions-Court
Jurisdiction Questioned.

counsel for the government yesterda Y
flied motions in the District Supreme
court asking the dismissal for lack OF
Jurisdiction of the suit of the Riggs Ma
tional Bank against Secretary McAdoo,
controller Williams and United States
treasurer Burke. who were charged in
The banks complaint with conspiring to
wreck that institution.
Tho motions marked the first step that
the government has formally taken to
defend its officers against the suit. To-
day or tomorrow counsel will present to
the court affidavits and exhibits designed
To Justify the course taken by the
officials in instances which formed the
basis Of the banks charge, and its Pc
tition for injunctions.
Case Comes Up Tomorrow.
Tomorrow the case is scheduled to come
up in open court. 1t Is not known
whether counsel for the bank will then
he ready to go on with oral arguments.
Bank officials said no copy Of the answer
of the government had been given the
banks lawyers.
Three motions were made yesterday
by the government, one for each Of
ficiai sued 1t is declared in each that
AT Messrs. McAdoo. Williams and
Burke, not as individuals, but as Off
GERS of the United States: that the
government alone is to be affected by
any decree entered in the case and that
the suit is therefore ono against the
United States and beyond the jurisdic-
ton of the court. as the government
cannot be made party to such a suit
without its consent. The court also is
asked to dismiss the suit on the ground
6p
at law and not by seeking injunctions
in an equity court
McAdoo Not Concerned.
The motion on behalf of Secretary
McAdoo declares that the complaint of
the bank stated no cause of action
against him. since he 'is not concerned
with and has not powers, authority or
jurisdiction" with respect to the i'm
position by law of penalties or assess
ments upon offending banks. The
banks complaint alleged that the Sec
retary had combined with Controller
Williams to prevent The payment to the
bank of $4,000 interest on government
bonds deposited with the controller to
secure its circulation. on the ground
that the bank failed to make special
reports called for by the controller 1t
is further said that the Secretary has
10 the approval of depositary banks on
reserve cites. these acts being within
the sole Jurisdiction and discretion of
the controller of the currency"
Jurisdiction Questioned.
For Mr.. Williams the motion said
that the court has no jurisdiction to
review the exercise of the discretion
lodged by statute with the controller
concerning the acts which the bank
petitioned should be enjoined 1t also
ayers that the action to enjoin him
from refusing to make the bank a de-
positary for national banks .is pre-
maturely begun since he has not
made such refusal. and that the bank
has no cause for action in asking any
injunction to prevent him from here
after calling for special reports or
assessing penalties for failure to make
such reports, since it does not appear
that such reports have been or are to
be called for
The motion for Mr.. Burke says that
the actions sought to be enjoinad-
his refusal to pay the bank the i've
thousand-dollar bond interest ARE i'm
posed upon him by law
The bill is signed by Louis d Rran-
de!s, Samuel Entermeyer and Jesse q
Adkins. special government counsel.