The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-02-08

Of the government Of the L nited Stats,which
rs it seems to me, make it incumbent on me
70 lay before you in form certain facts hereto
fore communicated verbally. in order that, if
you see fit, they may be communicated TO the
House Of Representa- ives.
The act establishing the Office of Solicitor
Of the Treasury a Stat. at Large, p. 4l4)con-
tains the following among other provisions:
= SEC. 5. That the said Solicitor shall
have power to instruct the district attorneys,
nlarshals, and clerks Of the circuit and district
courts of the Cnited States, in all matters ana
proceedings appertaining to suits in which the
United States is party, or interested and
cause them, or either of them, to report to him
from time to time any information he may re-
quire in relation to the same. KgE -
"SEc.7. That it shall be the duty of the
Solicitor Of the Treasury, with the approba-
ton Of the Secretary Of the Treasury, to es-
tablish such rules and regulations, not incon-
sistent with law, for the observance of collec-
tors, district attorneys, and marshals, respect
ing suits in which the United States are par
ties, as may be deemed necessary Tor the Just
responsibility Of those officers, and the prompt
collection Of all revenues and debts duo and
accruing to the United States -s-
"SEc 10. That it shall be tho duty of the
Attorney General of the United States. at the
request of said Solicitor, to advise with and d.
rect the said Solicitor as to the manner of con-
Quoting the suits, proceedings, and prosecu-
tons Aforesaid s
In conformity with the provisions of this
act of Congress, standing as we'll as special
instructions to district attorneys have, from
time to time, issued from the Office of the
solicitor.
The instructions now in force contain the
following, among other articles:
al. On taking the oath of Office, district at
torneys will Immediately advise the Solicitor
of the Trearury to that effect They will at
the earliest practicable period obtain from
their respective predecessors in Office, the books,
papers and other property of the United States
in their hands.
"a. No district attorney will commence or
defend a suit or proceeding in court, in the
name or for the benefit of the United States,
without instructions from the Solicitors Office,
or by direction from some person or court au-
thorised by law 80 to direct; except in extraor-
binary cases, where the remedy or lien of the
United States would, in the opinion of the
district attorney, be lost or endangered by de-
lay; and In such case he will Immediately
communicate to the Solicitor of the Treasury
what he has done with his reasons therefor.
IS. Wherever district attorney shall receive from
public officer shall in any other become POS
sessed of information which shall lead him to believe that
trespass upon the property of the United States
nracton Of their other laws has been COM
mtted he will Immediately report such information to
cutting the offender it, in his opinion the remedy of
the United States would be lost endangered by delay
he WILL in he shall consider proper to do mme
diatey commence suit, and report the same to So
sc. On the receipt Of papers directing or on
which to commence suit, the district attorney will
closely examine and if there any defect in them
explanation wanted and If So he will Immediate
ly report the same the Solicitor, other person
from whom received, with such suggestion as shall
seem to him proper. II, before the commencement,
or during the progress Of cause. questions shall
arise in the mind Of the district Attorney in relation
to which it may, in his opinion be desirable that he
should take counsel, he will state such questions to
the Solicitor, with his views, and the authorities
upon which he relies, which occasion his doubts
ct. The commencement of all suits must he
ported by district attorneys Immediately after process
shall be issued, and, the end Of every Of the
district and circuit courts, they will make general
report to the Office Of the Solicitor, containing list
of all suits commenced by them since the close Of the
last preceding Of such court, with full state
ment Of the of the action and all the proceed.
ngs therein; also, containing statement Of all pro.
ceedings since the close Of the last preceding term in
causes previously commenced, TO furnish to the
Solicitor full history Of what has been done in all
causes since the previous term, including any trial,
VERDICT decision judgment, the issuing OF any exc.
cutOn, and the time when issued.
ell. All records Of cases in error, or on appeal
to the Supreme Court, together with the points OF
both parties, the brief Of the district attorney, the
authorities cited by the opposing counsel, and the
opinion Of the Judge, when it be obtained wheh-
intended for the Attorney General the clerk OF the
- L., ,-oI
to the Solicitor, where the proper disposition Of the
papers will he made The district attorney will ex-
anime and that the papers in cases in error and
on appeal are correct copies, and in due form OF
Indeed, the whole series of the regulations
district attorneys, copy of which
is hereto annexed, assume and require that
the Solicitor shall be kept informed of the in
stitution and progress Of any suit by them,
in which the United States are either plaintiff
or defendant, in order that the government
itself may judge OF the propriety Of bringing
or defending the same, and on that point, or
in the manner of conducting the case, may
give suitable instructions to the local attorney
Of the United States. ....
The regulation as to the transmission of the
record. briet, and other papers, is important;
irst, because Of the aid which those papers al
ford to the attorney general in preparing the
case for final argument; and, secondly, because
according to the rules Of court, an appellant
has in some cases thirty days, and in others
sixty days, to enter his appeal; during which
line he may examine the transcript to judge
If its completeness, and to have it corrected if
necessary, so that the case may be duly pre-
ented to the Supreme Court.
According to these regulations. the attor-
,eys Of the United States are not to commence
uits without instructions to that effect, except
n extraordinary cases provided for, of which
he present is not one; for there was no RENE
ly or lien of the United States in peril.
The attorneys should have instructions to
ne from the Solicitor or BIZ. directed to do