Evening star., 1915-04-14
No Apology for offenses.

'Ihere can De no apology 1or any OF
the offenses mentioned. but there can
be question as to whether an act con-
stitutes an offense and the means of
determining whether 1t Is or Is not an
onense. A sweeping accusation that
banks were boarding was recently fol-
lowed by specific allegations of the
same nature against particular banks.
Investigation and examination failed
not only to disclose ground for the gen.
eral charge. but in the case of many
of the banks named 1t was shown
pretty conclusively that the accusations
were baseless and unjustif1ed. The in
stance is conspicuous only because OF
its notoriety
1T is not enough to counsel against
the wisdom of reposing In a public Of
ficial the power to determine whether
the rate OF interest charged is fair or
unfair, usurious or not usurious.
Opposes Such Power.
.Such a preposterous proposal for the
lodgment of power demands vigorous
opposition. If there were no question
of the Official possession Of the refine
ment of wisdom necessary to judge
rightly, opposition would still be justi-
fed.
This country has been SO welded to
its system of Independent, competitive
banking that it has been willing to
sacrifice some measure of efficiency for
its sake. Such was the opposition to
concentration of resources. or what
was politically termed the centraliza-
tion of power. that resort was had In
the reserve act to the doubtful expe-
dent of twelve reserve banks instead
of one or three or four. This was done
in the face of economic Judgment and
actual experience. Yet here comes a
which would enlarge the opportunity
for political manipulating hundred
times"
For the sake of the precedent in
| volved it is expected that the govern
| ment officials will prepare the strong
| est kind Of defense to the accusa-
tions of the Riggs Bank. In other
| words, the controversy between the
| is likely to be lost sight Of before
| the case gets very far through the
courts. in the struggle that is expect
| ed to como over Just what the powers
| of the controller of the currency are.
Lawyers in the case recalled that
| while the courts have consistently de-
clined to interfere with the ordinary
executive functions of an officer of the
government. the Supreme Court has de-
cided that where an excess of power or
function has been disclosed an injunc-
tion may be obtained. Injunctions have
several times been laid on cabinet off,
GERS.
Mr.. Brandeis Gets Office.
Louis D. Brandeis. special counsel for
the government, was given an office In
the Department of Justice today. and
began examination of the complaint OF
the bank.
Mr.. Drandeis is expected to write the
answer and Jesse C. Adkins and
United States District Attorney Laskey
are expected to aid In the argument in
court.
There was much anterest today
among lawyers whether the govern
ments first plea to the banks COM
plaint would not be lack of Jurisdiction
in the courts to review any action of
an executive officer of the government.
Raising OF that Issue probably would
give the government attorneys more
time in which to prepare an answer to
tho banks allegations.
Lawyers Brandeis and Adkins Re-
tanned.
Attorney General Gregory announced
last night that the Department of Jus
tice has employed Louis D. Brandeis
of Boston, who was special counsel
for the interstate commerce commits
sion in the per cent freight rate
cases. to defend Messrs Williams and
McAdoo in the Injunction proceedings.
Jesse C. Adkins. q Washington lawyer
who took prominent part In the New