Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1838-12-13

! ton OF it's future triumph whenever opportu-
nifty presents itself. which We may rightly
indulge from the experience OF the past. oil
seem TO point TO the navy as q most efficient
arm oil national defence, and a proper oliec,
of legislative encouragement.
| The progress and condition of The Post
Oihce Department, will be seen by reference
to The report OF the Postmaster General
The extent ct post roads, covered by mail
contracts, is stated to be 1874, SlS miles, and
the annual transportation upon them 81.
$50. 2O2. The number OF post oflices in
the United States is II, $50 and rapidly in
cressing. Tile gross revenue for the wear
ending on the 3Olh day of June last, wa,
S4,20S 40 The accruing expenditures,
- .6SO ,O6S; excess OF expenditures, S4l7.
92l.-This has been made up out of The
SUI plus previously on hand. The cash on
hand on the first instupt, was S3l4,O6S-
ne revenue for the year ending June 80,
1885, was l6l $40 more than that Tor the
year ending June 50, 1897. The expendi-
| lures vi the department had been graduated
upon the anticipation of largely increased
revenue. a moderate curtaiIment of mail
service consequently became necessary. and
mas been effected, 10 shield the department
against The danger Of embarrassment. Lis
revenue Is now improving, and it will soon
resume its onward course in The march of
Improvement.
Your particular attention is requested
10 SO much of the Postmaster Generals
report as relates 10 the transportation OF
Tue mails upon railroads. The laws on
that SUBJECT do not seem adequate TO Sc
cure that service now become almost rs.
senliai ro the public interests, and at the
same time protect the department from
combinations and unreasonable demands.
Nor can l too earnestly request YOUR
attention 10 the necessity of providing a
, more secure building for this de par,ment.
The danger of destruction to " hicb its
important books and papers are cop,in.
ually exposed, as well from the biehIv
I co;nouSuoie character of the building oc-
, cupied. as from lha: of others in the vi.
cinlty, calls loud for prompt action.
: four attention is again earnestly in
Vi'ed TO the suggestions and Iecommen
daUohs submitted at the last session in re.
spect to the District Of Columbia.
feel II my duty, also, to bring to
your notice certain proceedings at la "
I which have recently been prosecuted i'm
5 THIS District, in the name Of the United
States; on the relation Of Messrs. Stock
ton y Stokes. OF the State of MARYLAND
against the Postmaster General aud
which have resulted in the payment OF
money out Of the National Treasury. for
the hrst time since the establishment OF
the government. by judicial compulsion
exercised by the common law writ of
mahaamus, issued by the circuit court OF
this District.
ne 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 Won
; may desire viii be supplied by the pro
per department. No Interference in the
particular 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 concer.
ned, is finally disposed of; but it is on
that the case may be regarded as an au-
thorltative exposition OF the law as it
no" stands, that have thought it neces-
sary 10 present it to your consideration.
The object of the application to the
circuit court was TO compel the Postmas-
ter General TO carry into effect an award
made by the Solicitor of the Treasury
under special act of Congress for the
settlement Of certain claims of the re-
lators on the Post Office Department
winch award the Postmaster General de.
clined to execute in full, till he should re.
ceive further legislative direction On the
subject. IL the duty imposed on the
Postmaster General. by that law, was 10
De regarded as one of all official nature
belonging 10 his office as a branch of the
executive, then it is obvious thet the
constitutional competency Of the Judici
airy to direct and control him in its dis.
charge, was necessarily drawn into ques.
ton. Aud il the duty so imposed on
the Postmaster General was to be con.
sidered as merely ministerial, and no,
executive, }. yet remains TO be shown
that the circuit court of this District had
authority to interfere by mandamus-
; such power having never before been
asserted or claimed by that court. With
view to the settlement of these impor.
tant questions, the judgment of the cir.
cut court was carried, by writ Of er-
roE TO the Supreme Court OF the United
states. In the opinion Of that tribunal,
the duty imposed on the Postmaster
General was not an official, executive du.
~, but one OF merely ministerial ma.
lure. lbe grave constitutional questions
winch had been discussed were therefore
excluded from the decision of the cas-.
the court, indeed, expressly admitting
mat. with powers and duties properl v
belonging 10 the Executive, no other de-.