Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-09-11
served on all the parties by the s,h Of May fol-

! their condition, and oil what was required o.
them, more than seven years ago.
| 1t is proper to observe that Captain Fowler
claimed certain credits, to be set of sgains
! part Of the balance reported against him; name.
| ly, for opening he mails in the night, during
seven years; for distributing blanks; for wrap
| ping paper; for extra services and hres, and
f, for extra clerk hire, amounting, altogether, to
/ $3.50. But these claims were dissllowed a,
! the General Pos: Office, as appears by the fol
lowing letter, found among the papers:
GESERA Posr OFFICE DEPARTMENT. }
1lth February, 1923.
sIa: 1t does not appear that any of the items EN-
braced in the account presented by you, of John Fow
Ter, sanctioned either by law or usage, and there
fore they cannot be admitted
Yours, respectfully,
| AB'M BRADLEY.
Hon. RICHARD NJ. JOHNSON, u s. Senate.
The case was continued in court, from term
10 term, upon the applic alton Of Fowler, and
otherwise, until May Term, 1925, it was then
disposed Of; the following transcript from the
records of the Court will show how.
MAY 81, 1925 -" And the said defendants CO ne,
&C. and crave oyer of the said bond in the declaration
mentioned, and the condition thereunto annexed, and
hath in the words and figures following to wits Here
insert it and thereupon they say, that the plaintiff his
action aforesaid against them to hav- and maintain
ought not because they say that the said declaration,
bond and condition thereunto annexed, are not good
and sufficient in law To MAINTAIN said action in this
Court they bound to give any other farther
answer thereto, and this they ready to verify =
whrr fore they pray judgment" &c. Crittenden, for
defendants
And the said Attorney for the United States saith:
That the said declaration and the matters therein
taiIed, good and sufficient in law to have and main
tam the action aforesaid thereon bad; this he is ready
to verify; and for that the said defendants have not
made other sufficient thereunto, the said
Attorney, for and behalf Of the United States prays
Judgment" sc Geo. II Blob, attorney u S K Dis.
"And the arguments of counsel being heard upon
the said demurrer, and the Court being advised. do
consider that the law arising thereupon is for the de-
PENDANTS. 1t is, therefore, ordered, that they go
hence"'
JUNE g." On motion ofthe Attorney for the United
States the judgmen, the demurrer SET aside; and
the further motion of the said Attorney, tins
Is discontinued"
Coples-Attes, JOHN II. HANNA,
To re 4ders less conversan, with The forms Of
legal proceedings, il may b. necessary to OBJ
Serve, hat the effect Of thi, las order, was 10
restore the par,e, to the condition IN which
they were before sui, brought, "a d leave all
things precisely as if no action had ever been
ins, i'utrd.
The Grounds Of the demurrer are not sho,Un
by the record; but we have q from the b. ST au>
thori,y, hat they were: !. That tLere being no
law OF The L. >. requiring the Post Master
Gt neral ,ake BONDS from Pos Masters, Tor
the faithful peIf,rman' Of their du es, 'hr
bond must be Con ,idrrrd as one taken for his
own safety, and the suit upon il as his personal
action; and that consequently. the District Court
he d no jurIsdic ion IF he caus'. IN n>re>i-
dents, SC sue in the Circuit CourL) .. That
there Is IN &C, Of Congress which directs, that
if any Post Master shall fail TO render his &C
count and pay bis balance al he end Of every
three mon h, he shall b. sued; AID provides,
nat SIT the psf Master Genera! shall not Cause
such suit TO re commsaced witNin six months
from he end &c every such three mon rs, the
basncs due from every such delinquent shall
be charged TO and recoverable from the Post
Master Gneral;" and his sui, no. oavng been
commenced within six months after The de-
linQneucy, the sure'Iss we ex"neraed; that
IS o them il was statute of kn1ifn ions, which
they could plead, or take advantage o. A re-
pert Of a case was found in some newspaper,
by which i, appeared lnat Judgr Johnson had
ruled one n both of The psl"'s for the f'nd
ants, in Suuih Carolina, and upon he au,hori-
" Of tina ca,e, The above decision upon the de-
murrer WIS had TIL" Supreme Court, howev-
VI,
Their way; tina, IS, IN favor Of The Jurisdiction Of
the district court, and agains' the Supposed
linilation.
No further proceeding for recovering the
money have been ius utd: and not one cent
of the defalc alton has yet been p'ih TO the gov
ern nent, or to the General Pps Ofh'e, So for
as the record sho ws-so far as we know, ar be-
lieve, Why the business has bees ngectet
we are no Informed. There was e>iie ,ly no
,eeat imp, diment in The w*,, nor rs there no,c;
unlrs SIS l. b. because the Post Master Gene al
c ,unnt maiulain suit agdins' himself
Thus " the most inoentro,et tibi" evidence,
i, il demons rated, that VIM. I. B,rry, is in
debred TO the General Po> Off e, by his bord,
for Slo,o 900; that "e has hcrn SO Indeb'ed, with
notire, under ,qnisi,inn to pay, for more than
sspsn years; and tina, the whole penal y OF me
bond i, demands5le, there being no equity for
4 reduction, as The penal is not large enough