Show j CLAIM OF DUREE HEiRS 11 I Action to Recover Certain I Bonds is Passed Upon I J I CASE DISMISSED BY COURT II I Ii i I II I I Judge Hagner in the District of j j Columbia Supreme Court Hold that j I I tho Attorneys Were Not Proper Persons to Institute Suit Petition I Stated that Disputed Bonds Were Acquired by Charles Durkee in I in 1870 and that They Are Now the Treasury Vaults j I TRIBUNE BUREAU 501 Fourteenth street > 4 Washington D Co July 10 1900 I Justice nagncr of the District Supreme Su-preme court today put a crimp In tho 65000000 claim against the Govern t5 Iinnt of the United States The peti I tion of Leonard C Blalsdel attorncy i Infact for the heirs pf the late 9iarles i Durkee at one time Govcrnpr of ijcah Secretary praying for a rule requiring 1 Gage to show cause why a writ of man him Issue compelling damus should not uccompe1nl I oC a sum to pay over to the petitioner a the face value of the money equal to accrued Interest thereon bonds and ac Interest amounting In all to nearly 100000000 amountng dismissed from ii was denied and the case court DECISION A LONG ONE Justice i The decision handed down by Hajjner was a long one and was only exhaus rendered after he listened to of law of the questions tire arguments o qucstons ulumcnls based decision was Involved The deision wa polnlsThe wholly upon technical holy was the petitioner claims set forth by petiioner that there are now in the United States construction and first mortgage Treasury consllucton Tresury the Central and Union gage bonds of to tho par Pacific Railroad company Paclfo Rairoad that the bonds have value of 04623512 tie bonds due ment Is now S all matured and payment 11 together with the Interest for J on them of years in accordance I a long ferlodo establishing a n of Congress elablShlng with the act Congres liquidation of the the fund for obligations sinking of tho Pacific railways I ohlllulons that the bonds arc agreed bnds was further a cfd part of the estate left by rightfully a them in 1STO he acquiring Durkee GOY his hoirsatlaw are just and that due I entitled to receive the moneys upon them SOItfE VIIAT MYSTERIOUS The manner in which the bonds came to be In I the possession of the Secretary stated of the Treasury the petitioner alleged that they was a mystery but he aleged a and displayed to view were brought out 4 during roulhtoul of Secretary Folger by j I the Secretary In the presence of William Wil-liam Lawrence Comptroller of the Treasury at that time Both Folger and Lawrence arc dead WHAT PETITIONER CONTENDS At the healInG which took place today to-day the petitioner contended that he had shown the bonds wore in the Treasury and that the summoning of the Secretary of tho Treasury to show J icmisfa l why he should not answer to an J r application for a writ of mandamus was the only course open to him to get 1 an accounting from the Treasury department I de-partment Tho Government contended f that the suit in order that it might r have e IS sul should have been brought I by the administrator of the estate and I I not by the heirs JUSTICE HAGNERS DECISION r1 I r decision said In I Justice Hagncr in his deision sld I I suhstance that he did not consider that JBIalsdell the complainant as attorney 11 Infact of the helrsatlaw was the I proper person to bring the suit He intimated I in-timated I would have been the province j prov-ince and duty of the administrator 6f i the Durkee estate to have brought the 1 1 suitCARELESSLY HANDLED Judge Hagnor commented upon the unusual character of the entire proceedings I t pro-ceedings saying wa Indeed strange I that such a great properly as 64000000 f should have been so carelessly handled 1 that all trace of i should be lost He J I also stated that the act creating the Pacific railroads sinking fund made It 1 discretionary with the Secretary of the I I Treasury what claims should be acted I upon and first settled and a discretion l ary act cannot be controlled by mandamus p I man-damus If Mr Mockey attorney for the complainants com-plainants said he would renew his action 1 ac-tion elsewhere I lj ADMINISTRATOR SATISFIED ll Mr Kuykondall administrator of the purkce estate was In the court when I the decision was handed down lie I said he Wl satisfied with the decision ij < i ns the suit never should have been lJ i brought Ho Intimated that he might 1j begin legal proceedings himself In a A Rhort time as was stated by Judge 1 Hagncr to be the proper course 16 pursue i t I pur-sue |