Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1921-09-28

Dismissal OF all the proceed
lnas before It on the ground
that the harness and other stock,
which was the subject matter OF
me original injunction secured
~ the United States Harness
ompany, of Ransom, jefferson
county, has been sold and ship.
Ned to customers in various
points of the United States and
,5e Court is therefore without
jurisdiction In the matter, was
asked In Federal Court this
morning for the harness con-
Germ by Attorney Frank J. Ho.
gan, of Washington, In opening
up arguments on the harness
contract controversy which was
expected TO consume the entire
day.
Assistant Acknowledgement Guy ID.
Goff. of Washington, appearing for
the Government, submitted the an
swer of the Government to show
that the entire matter has been
accompanied by fraud and trickery
on the part of tho harness company,
that the injunction. granted in the
first instance in the state Circuit
Court by Judge +. NJ. Woods and
directed against w. A. Graham, +.
T.. Scowden and James II. Shepherd,
Jr.. who were in charge of the de.
tachment of soldiers and officers
| from the army who went to Ransom
on July Is and made an effort to
retake the stock, was really aimed
at tho United States Government
whose representatives the three de-
PENDANTS were, and declared that the
harness company. by disposing of
Its stock while the injunction was
in force, has deliberately stripped
the Court Of its authority, left it
nothing but hollow shell and has
violated the traditions of the Courts
whereby property under litigation is
held until The equity is determined.
A Mooted Matter, He Says.
The motion OF the harness com
pany, while it had been previously
communicated to the Government
was a new motion, made first this
morning before the Governme~ts
answer was advanced for argument
and WAS discussed at some length
| by Attorney Hogan who asked The
Court to pass upon it before hear
ing tho argument on the Govern
ments answer. The Whole question
| had become, he declared, a moo
matter. and any order that might be
| entered by the Court against The
harness company in 80 far as the
property formerly stored in the
warehouse and factory at Ransom +
concerned. would be futile and inef
fectual because there is no property
there. In confirmation Of this al
/ legged removal by sale of the stock
he introduced an AFFIDAVIT signed by
a representative Of the United
states Army, Quartermaster Corps
which said that all property claim
| ed by the Government had been
removed.
I For this property. which was Sc
cured under contract with the Gov
eminent and sold on the same ar.
rangement, Mr.. Hogan declared the
government had been paid in fun
The property had all been sold to
customers in the course Of business
and the stock had been removed,
the Office changed TO Hagerstown,
Md, and, he declared, the only re
naming activity for the harness
company in Ransom is to close mp
its accounts The minimum con
tract price for this property, due
the Government, he said amounted
TO $634,37476 Up to September Is
a total OF $1,l80,84t.92 had actually
been forwarded to the Government
in payment for the stock,-a sale
almost twice az large az that pro
vided in the minimum guarantee. he
said OF this amount the Govern
I ment has actually accepted more
than $1000,000, he declared. the re.
turns on sales for July and August
having been returned TO the com
pauy. and the checks for TIE mr. t
fifteen days Of September having
been kept back by the ,Vetnmont
bending settlement Of the cmtru.
versY Some Of the money rec we'd
ny HE Government was -aken er