Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-09

Practice, 10 iestiy or excuse an eyforin one Depait
nie"i ny detecting simiar abuses in others; nor rs
uoung al interpretation which, If erroneous, should
have the ioree of Judicial decision bnt merely IA.
The means by which. the objects and ueaniny of the
law may be ascertained, as Illustrative of the sense
m winch as provisions have been received and ,in-
dersiood 10y the most Distinguish he'd statesmen and
The abest constitutional lawyers of the country and
ny the common consent of all whose duly IL was to.
obey them.
fhey refer TO them, as demonstrating a coicsnpo-
raneous practical construction, which mas prevailed
without concert, IN al, OF the Bepartnients and to
winch au officer, entering the Office long after the
construction had become adopted, might naturally
conform ms conduct
On the who,c, the committee have seer uoah;ny in
the case submitted to them, which can lead 10 the
presumption, tli.a either of the individuals conc erned
had any 'ntenton either violate the provisions of
the law, OF Ia abuse disregard the spirit and poi
cy OF our institutions.
-. They are OF opinion that the employment of MI
hon':,s To examine the land Offices originated in a
desire honestly to discharge an important ,ublic -
y that me peculiar Importance of the trust at the
Time, anu The character and elevation Of the int-
''uuai employed, were calculated rather TO invite
uiah forbid The selection. Nor have the committee
any reason To believe that the duty has not been
faithfully performed, and in a manner conducive TO
the public good.
Under these circumstances, aud with such impress
s,ons the committee do deem Il necessary 10 SIM
sie Out tins case for particular or 10
pronounce upon the conprcIiensiyeness or precise
import Of the act of 1903. They content themselves
WIN referring To the construction which IL has uni
o't received IN practice, and the conviction that
me public good, and sinister or mproper pur-
pose was intended; and they therefore recommend
tue Following resolutions
Resolred, That the committee be discharged from
'he further consideration Of the subject.
Treasury Department, March 2s, 1892
the 25th. ~ ~ 'u oHs U"
In reply to your request that committee may he in
OF tue construction given by this Department to the
act Of the 2iM of April 1908 entitled a., act 10 re,oln,e
contracts as well under my predecessors in Office as
or the PRESIDENT employ counsel in behalf of The u
ni,ed member OF Congress- or 10 perform any
nave the honor 10 sat have no means of
me construction which has put upon the act i'm
@ S g preuecessors in Office, but by their practice
der the NTH section Of the That section requires t,t
ne secretary OF the Treasury, Secretary of War secrey
lore Congress statement of the contracts which have
ue ~ men respective departments during the year
Pees sucn report From the date of that act 10 the
present time, the Land Offices been annually examined
ma % paid for the service rendered
VI ,ne treasury has exported
acohtract within the letter intention of the ACT or or
sdersd the persons who examined ber ,s con,, oS
W. iance oi such service constituted contract with
~ ne contemplation of the il was the duty OF the Secre-
tary OF the Treasury from the wear ia0a 10 -.
reported every such TO Congress a. conrne !,
was nota contract within the contemplation of the act II
was service which might be law iiv rendered. bv re-
e OF Congress The given To the act Inv the
,; department. at the of its opera
"n ihat such incidental services we're NOT contnr has /,
uhestood been corroborated by the u1hdr departments
o. me government In all those departments incidemal
ot gave never Decn, they now reported ,o Con
e Is contracts within the contemplation of the act
- asSPcc'uy conceived that the examination of the
Lan olcs cannot ne considered as cous,itune
t,n iha, OF intention of tte act, unless the PROPOSE
-, very possible service rendered the government,
10 any person whatever except by public officers in the dis
ge OF lesr official duties for hic nsation re-
4, We ~, - ieVtS anrmed 10 he such That
mol ne intention of the Of 1908 to make This
loub LII I'M !, IS believed, admit OF $40 reasonable
I've however was is intention, all The officers OF
@ upon whom il was intended 10 operate ha We
- i .i' non snd failed in the correct DISCHARGE
OF Their duiy for il believed Thai none of Them nye in
I OF ne Oh section othe act reported suc! incien
% as contracts made by .hen during the wear pre-
ssIhg me reports annually nacc to Congress
10 hhowiedse OF the employment of any member
United states or TO perform any other service duty or A.
s .. my predecessors in Office, has any member OF
since ~ mas been under my direction i ''
s' i",d complaints received at this office a
cue oicai conductot Nathaniel Ewing r.c,;yor a,
yincennes The charges were Of such nature IN reo;
IN, ,h anu he Senators OF the Indiana were
o-oi OF Tue President, requested 10 make that
nsesg"ton Owing objections on The narr Of he
1,op'e ohe oil The Senators, resided al a
distance from the Land Office rayeiliop cxnensss w., ;
Cured by him. Which were n,;,i s expenses were M
In roie, when propose invited nj Brownsville for
Waslno,nSS -; ounioeiia land road from Unoniown 10
lower tan those hic had been received mon tbe
10 Si me road Mr. sr,er, the superintendent, Z
me road expressed appr,hensions that some nj i've
DnIasrs would not he able TO give such security ne
ne PRONE! and faithful execution of their
s s was moi such enable him TO Judge correc,Iv
'os suciency OF the security that might he rendered
CO. SHOULD be requested aid him in this particular service
rsted ,t,, ,S decllned the request when 1t su-
at part of the state and there was no doubt he
ed and for liz ms attendance was accordingly request
oi MS services and expenses received from The
'uP S the sum Of seventy-.wo dollars "'
Of The o ~ % as well upon the acceptance
lszl The provisions Of the of 1908 were moi adj
si a me idea occur that there the slightest
that act. '''e anu 'he provisions OF
Hbp nract
eon OF the act and TO lay them annually before the Con
ba -. rot iss never been considered contracts they
been rece mat form, and consequently not
ism' respectfully sir your Obedent servant
Hon. Daniel p. Cook Chairman of ':h H. ONAwfoh
"e Committee, &c, H. X.
Since the date OF my letter of he 2sih instant
oeen ascerained that the late James A. Bayard willis
direction of the Comptroller the Treasure in the v
20 prosecute cause in which the United States were
or Wnieh ne received 500 from the collector OF
which sum allowed tothe collector In The
In nv letter OF the 2eth instant il was s,o,,d ,h, ~
expenses incurred by General Noble in punp tn
nad been paid but the paid was NOT Then
do. ars. SUM" ~ nave been eighty
remain with respect your most 9bedie9t servant
Hen. Daniel p CooE Chairman, &C. - 0''A" '0i'D'
Department of JYar. 2sa aiayc5. 1922
SIN have received your letter of the 25d Instant re-
guessing, on behaii ct the committee, informed vj,,
has been the construction put upon the act of Conores
An act regulating public contracts" approved April
-, ioVo, Oy tue war Department. &C. general examins
on OF the records OF this Office does not furnish any
o what conjunction has put ON the 80 in
eaon 70 TIE authority Of the President the United STATES
nr ts department 20 employ counsel ia behalf OF te
oned Sate any member of Congress or to employ mem
Der OF Congress 70 perform any other duty or agency In ~
ha OF the United States The correspondence OF This ne
partmen with the several attorney generals since the rae
age OF Tue net has been examined, in order 20 ascertain
whether any opinion las been given on the construction If