Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, 1837-06-14
IMPORTANT JUDICIAL DECISION.

Circuit Court OF me D1Strlcl y OOIHWOt0 JU
the County Of Washington:
TUESDAY, JUNE 6, 1887.
EOn the opening Of the Court, CHIEF JcS-
rIcE CRAScH delivered the Opinion Of the
Court as tollowcth
On the 9th Of May, 1887, the following
Order was made by this Court:
The UNITED STATES, on the relation OF
WILLIAM B. STOKES,
R1cHARDC. STOCKTON, LUcIUs W.SToCK-
TOM and DANIEL MooRE,
AMOS KENDALL, Postmaster General OF
the United States,
The petition ofthe rclators, and the atil-
daivit of Lucius W. Stockton. one OF them,
having been presented 10 the CO lrt, setting
forth in substance that the said reiaor har-
ing sundry claims upon the Post Office De-
nartment of the United States. under con-
tracts made by them with the late Postmas-
ter General, William Il. Barry, did apply
TO the Congress Of the United States for re-
lief in the premises. That the Congress OF
the United States did, at the prayer OF the
said parties, pass au act which was approx.
ed on the I'd day of July, 1887 in and By
which, it Was, among other things, provl-
ded that the Solicitor of the Treasury do
examine into and adjust the said claims
therein specified, and that the Postmaster
General credit said contractors with what
ever sum or sums Of money, if any, the SAID
Solicitor shall so decide to be due 10 them
nm account of any such service or contract.
That the said Solicitor Of the Treasury did,
IN fact, make such decision and award, and
did therein and thereby find due TO said re.
la,ors the sum of Sl6I, ,563 SO for principal
and interest. That said Amos Kendall, al
though notified Of said awards and deci-
s;ous, did omit and neglect, for ccnsidera-
bic period of time, to carry the said award
anl the said act of Congress in;o execution,
and did, some time after, partially execute
the same. b. carrying to the credit of the
said REALTORS tie sum of one hundred and
.weu.v.two thousand one hundred and one
dollars Goriy-six cents, (5l22,l0l 46 J cav-
Ing of the said principal sum, so awarded.
the sum of S39,472 A. sill duo. which has
not been credited OF paid, although rcq"cs-
ted.
That correspondence took place be-
tween the REALTORS, of some of them, and
tic President Of the United States, and
memorial was presented on their behalf to
the Senate of the Ua;ted S atcs, who pro.
ceedcd thcrcupon, and upon the reports
of the Committee Oil til, Judiciary pas
Sod a resolution '',hat the Postmaster Gen
eral is fully warranted iii paying, 'and
ought to pay, to William B. Stokes and
others, respectively, the full amount olthe
award of the Solicitor of the Treasury
That said Postmaster General, notwith-
standing the premises and other facts de-
tailed in said petition, still refuses, omits,
and neglects to execute the said act OF
CONGRESS and said award, by carrying the
s,id sum, so withheld, to the credit of said
petitioners, wherefore the petitioners pray
1hc said Court to award the United States
writ of mandamus, to be directed to the
said Amos Kendall, Postmaster General
Of the United Stares, commanding him
/. That he shall fully compl ply with, obey,
ard execute aforesaid act of Congress of
July 2, 1886, by crcdliing the petitioners
with the full and entire sum so awarded as
aforesaid, in conformity with said award
and decision and
2. That he shall pay to said petitioners
the full amount so awarded, with interest
thereon, deducting only the amount which
shall be Justly charged or chargcablc 10 the
10
Whereupon, on mo:ion of Richard S.
Coke, for the REALTORS, and upon the reading
fthe said petition and accompanying doc
uments, it is the 26th day of May, 1887,
ordered by the said Circuit Court, that the
said Amos Kendall, Post Master Genera
of The United States, show CAUSE, GA
Thursday, the first day Of June next, why
the said writ of mandamus should not issue
as prayed by said memorialists and that
copy of this order be served on the said
Amos KcnAa!, Postmaster Gcaeral, aiorc-
said
Bv order Of the Cour;;:
Test. WM. BRENT, Clerk.
May 26, 1887.
The Postmaster General did not appear
TO show cause, according to the rule.
The material facts stated in the affidavit,
upon which the rule was founded, are sub
.tan,ially as follows:
Bv the act Of Congress Of the 2d Of Ju-
", 1886, for the reIjcfof William B. Stokes,
Richard C.. Stockton, Lucius w. Stockton,
md Daniel Moore, the Solicitor oFthc Trea.
s1ry was authorized and directed to settle
and adjust their claims for extra services as
con;rau,ors for carrying the mail under
certain contracts made with them, by Mr..
Barry, the late Postmaster General :; and !
for that purpose, TO inquire mo and deter. !
,,,;no Tho or1,itr OF thl.ir tlli,.S tnr o. on |