The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1916-06-01
Issues Statement AnaIyzing
Verdict as the department
Understands It."
ONE POINT IS CONCEDED
Comptroller Is Charged With
Calling for "Report Not veri-
fled and Attested."

The Department Of Justice has given
out q statement containing an ANALYSIS
of the decision of Justice Mccoy In the
civil suit brought against Treasury Of
ficiais by the Riggs National Bank.
This statement reviews the various
points of the decision as the depart
ment understands IT,"
Except for the continuing of the in
junction restraining the payment Of
5000. representing interest on bonds,
held as penalties by the Government.
victory for the Government is claimed
in nearly every important point.
The department says: "As to the
merits of the case. the single point on
which the court finds against the DO
PENDANT is that involved in the Comp
troller calling for a report not verified
and attested as provided in the stat
ute.'"
Sums Up Effect.
In summing up the effect Of the de-
cision the statement says:
1.-THE result of the whole decision Is
that the temporary injunction restrain
ing the payment Of 5000 is continued as
against the Treasurer of the United
States, but not as to the Comptroller.
and that, except for the purpose of
compelling payment of the interest due
the bank and retained, and of enjoin-
Ing the assessment of penalties because
OF the failure to comply with the de-
mands (held defective in form as above
stated for reports. the bill is dismissed
as against all the defendants"
The Departments Statement.
the statement follows:
THE decision of Mr. Justice Mccoy
In thA RinQe panE fna1
contain seventy-three typewriter, folio
pages. and, as the department UNDER
stands II, decides the following points:
Il. That the court had jurisdiction OF
the case Opp. C-SW;
''2. That as the bill does not state
facts sufficient to constitute a cause
Of action against the Secretary Of the
Treasury as to conspiracy, nor as to
anything done or threatened by him, 1t
must be dismissed as to him unless he
rse, SS perry IN Grder to syy
ministerial act. no mely. the payment Of
interest withheld because Of the penalty
Of 5000 assessed by the Comptroller
opp. $3.50; ,- ~
As to Especial Reports"
- That the plaintiffs construction
of the nature of special reports which
the Comptroller was entitled to call for.
was wrong. and that the Comptroller's
contention was correct Opp. 1859: and
that the statute thus construed makes
lawful any inquiry by the Comptroller
for the purpose of obtaining informa-
ton, not only as to current items on
the books OF the hank, but also for
the purpose of Informing himself gem
orally as to the management " the
bank and that It is certain that Con-
gress intended that national banking
associations should be under the strict
est supervision by him uhe Comptrollerl
for the protection OF creators ana
stockhoiders and Of ,h the public now gene If
the Comptroller under revised statutes.
section Ell. Is to call for report on
the affairs of bank just as FUZZY, az
- That there was no such arbitrary
action on the part of tho Comptrollcr as
to amount to total lack OF authority
opp. 65-60; but that the act,Gn Of tne
cihc charges are made to the erect that
he was acting In excess Of his powers,
examined in the light OF the views
above expressed. must be upheld as
lawful Up. Coz:
Inspection of Reports Permitted.
'b That the plaintiffs contention
that the Comptroller had no right to
call for reports as 10 past transactions
was wrong. and that valid reasons for
going back ever the hooks Of the bank
for several years may be suggested by
what ia discovered as to recent trans
actions (p. $50;
&c. That the Information called for
by the Comptroller IT. regard to list of
loans in excess OF IS, 900 secured b. col
laterals was rightly called for by him
and should have been furnished %. 6W /;
"a. That the information called for
by the Comptroller as 10 whether the
plaintiff was maintaining a private tele-
graph wire connected with stock broker
age tcuses. was an eminentiy proper
inquiry Up. CO.:
IS That the Comptrollers call for in
formation as to the ownership of the