Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-06-15

Incy inerU me lioheSt tame they Dear, Vel
the shoulders Of the whole community he
stopped to their burden,-le them DC
supported by the capital Of the retired
aud the industry Of ihe active, - lei them
be borne through the pillows by the
strong arm Of public confidence. Then
all is safe. But, if they fall, they fall
not alone, they bury 10 their own ruin
shattered capital and crippled industry.
TIE p. NJ. GENERAL AND THE CON.
TRACTORS.
A curious affair has been developed ut
Washington, arising from certain extra al
iowanccs made, or rather agreed to be made
by Mr.. Barry, when postmaster general, to
Messrs. Stockton and Stokes, contrac tors
We condensc the following history of The
n. y. Courier, and tie National Inteligcn-
cer
"rhc allowances were made in considera-
tlon OF changes upon the routes contracted
tor, alter these contracts were entered into;
unc were from time tn time credited to AlessTs
Stockton and Stokes, On the books of the de-
partmen,. Upon Mr.. Kcndal's succession,
public attention having been fixed upon the
concerns Of that branch ofthe administration,
he undertook to reverse these allowances
and not content with providing for the future,
he attempted to retrieve what he considered
the improvdcnt proceedings Of his prcdcces-
sor, by retaining in his hands as q sert Of set.
off, the moneys becoming due to the relators,
under other contractors whose equity and va.
ldlty he did not attempt to lmpcacli,r-thus os
1t Is alleged violating new contracts by way
of reprsal TO counteract the improvidcncc of
old ones, regularly entered into aud finally
closed 10y the department. The REALTORS had
recourse To Congress as the power alone Gu.
pable of pnttinga qnieius upon these ground
less claims SIT mp IN the name OF the United
States. The whole matter was laid before
that body-and the result was the passage of
the act of July I'd, 1896. This act refers to
the decision of the solicitor Of the treasury
whom it authorizes to make an award that
shall be binding on the United States. And
not content with this, it "dirccts the Posimas-
hr Gtnfrai." in toiihem verbs, ITO credit on
The books of The Dtpc,tment," the amount
which should be awarded 10 the relators by
the Solicitor General. The Solicitor Gene
raj, utter laborious investigation. adjudged
the REALTORS, and upon tins award Upward of
one hundred thousand dollars were paid or
credited to them by Mr. Kendall.-as to The
rest ,hc insisted that the Solicitor General had
transcribed The authority vested IN him by
the act Of 81. Upon this question issue was
again joined, and the REALTORS succeeded it,
having the matter referred to the opinion of
the Attorney General, Mr. Butler, who dellv
cred his opinion that the award was strictly
within the power granted by the act and that
nothing remained for the Postmaster General,
but to carry the award into effect.
But Mr.. Kendall refused 10 submit to his
oplnlun--the relators were obliged tn petition
Congress aguin-ond their petition was re-
terrcd 10 the committee on the Post Office at
the head of which was the Hon. Felix Grun.
DIV. White the matter was pending there.
Mr.. Kendall wrote to Mr.. Grnndy asking that
no report mi yht be made until he had been
consulted, pledgng himself to satisfy them
that they were wrong, and hinting something
about the appearance he would present to the
public if his cause should be ihwarted. Mr..
Grundy sent q very manly answer-saying
that the committee had carefully examined
the whole ma,ter-that they had no doubt Of
the correctness Of the report which they were
about TO make, and that if they had they
would certainly npply to the attorney gene
raj. A report was made against the postmas.
ter general and confrmatory Of the solici-
tors course. and Il unanimous vote Of the Sc
nate adopted the report. Upon this state Of
the facts. the rela,ors applied to the District
court nf the u. 5. for a rule upon the post
master general TO show cause why n peremp.
tory mandamus should not issue--and the
rule was granted, returnable on Thursday
last.
u On that day the following letter from Mr..
Kendall was received by Judge Crancl,, de-
nying the power OF the Court, Tor reasons as
signcd-nnd enclosing the opinion Of Mr.. At
torncy General Butler to that effect. The
letter was received and read as demurrer to
the jurisdiction Of the Court, and after argu-
ment, the case was submitted for advisement.
! MIR. KENDALL'S LETTER.
: Posi- OFFIcE DEPARTMENT, June I, 1897.
Hos. WM. CRANcH, Chief Justice, &c.
I Sir: In declining to appear before the cir
cult court of the district of Columbia for the
county OF Washington, in obedience 10 their
order Of the 26thult for the purpose OF show.
ing cause why n,nndamus should not issue
commanding me, as postmaster general, to
pay Mcssrs. Stockton g. Stokes, and others,
a sum of money claimed by them to be due
from the post Office department, beg you to
be assured that ] am not actuated by any
want of respect for you and your associate
Judges. personally or officially, but altogeth-
er by high public considerations.
Dono,ing whether amy portion of jsdiei.
/ court established in this dis,r;c, fo, nurnoses
!