The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-25
WASHINGTON.
WASHINGTON, August "a 1856

Hon. w. J. Lincoln, chairman Of the Committee
for the Investigation OF Frauds In PAYMENT OF Boun-
ties who il now here, heard to say to-day that
the report presented In the House Of Representatives
concerning the result OF the Investigations OF the
committee into the frauds perpetrated in the Second
Auditors ONCE and the Bureau OF Coored Troops
was not approved by him. He said that he was
unavoidably absent during the last few days OF the
examination, ana that when he returned a report
had been prepared in which the accusers were
presented In worse light than the accused,
that he refused to agree to the report de-
nOuncing it too much OF political
paper and that 1t failed to present the with jus
tice. Thereupon the report made by Mr.. Cobb was
prepared and submitted not, however, with Mr.. Lin
coins approval. He said he believed the account
given in the NEW YORK HERALD OF the 18th inst
substantially correct, and that some Of the sus
pected officers were full OF fraud and corruption.
all OF which would have been fully exposed had
there been sufficient time to conclude the investiga-
tiOn The clerks who are now Overhauling records in
search of the evidences OF fraud were placed on
that duty by order OF Secretary Schoneld
Opinion Of Attorney General Evarts on
Vacancies.
Attorney General Evarts Friday furnished the
President with the following opinion:-
ATTORNEY GENERALS OrFICE,l
WASHINGTON, August II, 1905. J
SHINY attention has been called TO the position
OF the Office OF United States Attorney for the Eastern
district OF Pennsy lvana with the suggestion tbat tne
public interests require that the ONCE should be
filed by appointment If IL Is open to the exercise
of the Executive power OF appointment during the
recess OF the Senate Charles Gilpin, ESD, was APP
Office expired by statutory limitation on March 10,
1865 during the session Of the Senate.
On the Goth OF April last the nomination OF Jon
=. O'Neill ESD, to this office sent to the Senate,
but that body adjourned on the 21th OF July last
without taking any action upon the nomination.
The first section OF the Tenure or once act, II I'M
qualified by any provision to the contrary, would
have had the effect of indefinitely proongIng the
tenure OF all Offices embraced within Its first clause
until the appointment to the succession therein, ny
and with the advice and consent OF the Senate Eut
OF the act, which is applied distinctly and exclu-
sively to this result, and which reads a. IollOws
"And be it further enacted, That nothing IN
this act contained Shall be construed TO exienu
the term of any Office the duration or whlch
is limited by law" 1t thus appears that inc
Office Of United States Attorney for the Eastern dis
trict OF Pennsylvania is now vacant, during the re-
cess of the Senate upon vacancy beginning 10 eX
st by expiration Of the term OF Office during the ate
session OF the Senate In my opinion iii competent
for the President to grant commission, 10 expire
at the end of the next session or the senate " HI
This has been the doctrine and practice of the gov
| eminent under the advice OF my learned preaeces-
sOrs in the execution OF The constitutional authority
vested In the President during the recess OF the
| Senate, as / have recently fully considered IN
| Office OF collector al New Orleans. Upon
more careful consideration of the text and the ap.
once act, Ihnd impediment therein TO the eXecu-
ton of this constitutional authority of the President
in the and extent to which 1t has hitherto been
exercised In reference TO vacancy III once slIu-
! ated that under consideration now is. there
fore advise that it Is competent for the President TO
iii the vacancy the Office OF United States AT
torney for the Eastern district OF Pennsylvania by
issuing commission to expire at the end OF me
! next session Of the Senate. With great respect,
| have the honor to be, WILLIAM NJ. EVARls,
Attorney General
Thereupon the President appointed John p
! O'Neil to be United States District Attorney,
| vice Charles Gpn, whose term OF ohlce mas ex-
| pred.
The First Receipts of Customs from Alaska.
The Treasury Department yesterday received
remittance OF $1,000 in coin on account OF customs
duties collected in Alaska This is the first that has
been received IL was deposited with the Assistant
| Treasurer In san Francisco.
The Virsinn and United States Courts IN
Conflict.
! Information has been received from Alexandria,
w. that Judge Thomas of the Virginia Circuit Court,
in the case OF the Alexandria and Washington Rail
| road Company against the Washington, ALEXANDRIA
and Georgetown Railroad Company. to-day rendered
| decree turning over the road between Washington
and Alexandria to the former company, and appoint
ing commissioners to ascertain the liabilities, &c.
This decree initiates against the decree OF Judge
Underwood OF the United States District Court, and
further complicates the litigation. In the meantime
| the road II run 10y the lessees.
Important to Army Veterinary Surgeons and
| Fnrriers.
| The following was to-day issued from the head
| quarters OF the army
| GENERAL ORDERs-NO. ~.
The following order has been received from the Var
Department and is published for the Information Of
| all concrned:-
been employed by the war Department To give In
strucions TO the farriers veterinary surgeons and
officers OF the army, under the following Joint reso-
| lutiOns OF Congress, approved July g. ls66-
That the Secretary OF War be authorized and directed to
and REASONABLE with Dr. Aeaander Dunbar FOR the use BY
M The ALLEGED S Of the 'ss
hi. service: for one year u n.,rasns the 1sr.' Of me
oa. already appropriated the purchase Of
horse: hs the army He viii Be o,s,sS
city, and VII, in the course q ns year Of s. be
| beers OF horses and mules are kept.
lie VIII be obeyed and respected accordingly:
| &c. KELroN, Assistant Adjutant General.
| Health Of Captain Wise, OF the Navy.
private letter been received In this city from
Captain II. G. wise formerly Chief OF the Bureau OF
| Ordnance at the Navy Department, dated at Carts
bad August 1, stating that his health was somewhat
improved from the Of the waters at that place.
Death Of Ensign Mccormick, Of the Navy.
| The Navy Department has received Information OF
! the death of Ensign Frederick Mccormick, Of Mary
land, who died on board OF the united states snip
Ossipce on the coast VI Central America OF fever
| incidental to that climate lie was buried on
the 18th Of June, the date OF his death. Ensign
| Mccormick graduated from the Naval Academy
June ~. 1886.
Army Assignment.
Bv direction ~ the President Brevet Lieutenant
Colonel Z. W. Foster Assistant Quartermaster. has
| been assigned ~ duty san Francisco, relieving
Captain I. }. Hoyt, Assistant Quarermaser, of his
| duties al that post.
| END or THE ALLEGED HOMICIDE IN 6aookLM.
| Coroner smith held inquest last evening In tho
| case OF James Nicholson who died at his late resi-
| dcnce No. ll3 Navy street, Brooklyn, about three
i LnnruLu Lnler