Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1838-12-13

and the annual transportation upon them
81 $50, 2O2 miles. The number of post
offices in the United States in 10 ,553, and
rapidly increasing The gross revenue for
the year ending on the 30th day of June
last, was p4 1862, las. The accrung ex-
penditure, $3.50, 06S excess of expen-
diture, $4l7,923. This has been nade
up out of the surplus previously on hand.
The cash on hand on the first instant, was
1914 ,O68. The revenue for the year end
ing June 30, 1898, was $16l ,540more. than
that for the year ending June 80, 1881
Thesexpenditures of the department had
been graduated upon the anticipation ola
largely increased revenue. A moderate
curtailment of mail service consequently
became necessary, and has been effected,
to Should the department against to danger
of Embarrassment. Its revenue is now I'M
proving, and it will soon resume its onward
course in the march of improvement.
Your particular attention is requested to
so much of the Post Master Generals re-
port as relates TO the transportation Of the
mails upon railroads. The laws on that
subject do not seem adequate to secure that
service now become almost essential to
tHc puDHC lntciCotS, anu at tii0 sdilic 'iH1
protect the department from combinations
and unreasonable demands.
Nor can | too earnestly request your
attention to the necessity of providing a
more secure building for this department
The danger of destruction to which its i'm
portant books and papers are continually
exposed, as well from the highly combusti-
BILE character of the building occupied, as
from that of others IN the vicinity, calls
loudly for prompt action.
Yonr attention is again earnestly invited
to the suggestions and recommendations
supmitted at the last session in respect to
the District of Columbia.
feel it my duty, also, to bring. to your
notice certain proceedings at law which
have recently been prosecuted in this Dis
trict, in the name of the United States. on
the relation of Messrs. Stockton & Stokes,
of the State Of Maryland, against The Post
master General, and which have resulted
in the payment of money out ofthe nation
al Treasury, for the first time since the
establishment ofthe Government, bv Judi
cial compulsion exercised by the common
law writ ofmandamus, issued by the circuit
court of this District.
The facts Of the case and the grounds
of the proceedings, will be found fully
stated in the report of the decision; and
any additional information which yon may
desire will be supplied by the proper de-
partment. No interference in the partlcu-
lar case is contemplated The money has
been paid; the Claims of the prosecutors
have been satisfied; and the whole subject,
so far as they are concerned, is finally dis
posed of but it is on the supposition tina.
the case may be regarded as an au,horta-
tive exposition Of the law as it now stands.
that | have thought it necessary to present
il to your consideration.
The object of the application to the cir
cult court was to compel the Postmaster
General to carry into effect an award made
by the Solicitor of the Treasury, under a
special act ofCongrcss for the settlement
Of certain claims of the REALTORS on the
Post Office Department, which award the
Postmaster General declined to execute in
full, until he should receive further Iegis-
Iative direction on the subject. If the du-
ty imposed on the Post m aster General, by
that law, was to be regarded as one of an
official nature, belon ging to his Office as a
branch of the Executive, then it is obvious
that the constitutional competency of the
Judiciary to direct and control him in lis
discharge, was necessarily drawn in ques-
ton. And ifthe duty so imposed on the
Postmaster General was to be considered
as merely ministerial, and not executive, it
yet remained to be shown that the circuit
court of this District had authority to inter-
fere by mandamus-such a power having
never before been asserted or claimed by
that court With view to the settle
ment of these important questions, the
judgment of the circuit court was carried,
by writ of error, to the Supreme Court of
the United States. Inthe opinion of that
tribunal, the duty imposed on the Postmas-
ter general was not an official, executive
duty, but une OF merely ministerial ma
ture. The grave constitutional questions
which had been discussed wore, therefore,
excluded from the decision of the case the
court, indeed, expressly admitting that,
with powers and duties properly belonging
to the Executive, no other department can
interfere by the writ of mandamus and the
question, therefore, resolved itself into this:
Has Congress conferred upon the circuit
court OF this District the power to issue
such writ to an officer of the General
Government, commanding him to perform
a ministerial act A majority of the court
have decided that it has. but have founded
their decision upon process of reasoning
which. IN my judgment, renders further
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