The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-09-29
EVERYTHING ABOLISHED.
THE WHEELs or THE UNITED 81 frr,
VERNMENT BLOCnED.

The Treasury LcRisluted out or ExIster,.-
Nobody with any Authority to UolIrc,
Curtems-AU Recent American Coin,..
Iiicgal-Ne Penalties left for the EmL.,.
element ot Public Moneys-Ap A VI our am,
Biunder.
wAsHisoTos, Sept. A.-The blunder in Com.
missioner Fishers new patent law, passed Julv q
1870 abolising the Interior Department, the rce.r,
discovery OF which Is creating so much excitement
lie stupendous; but there other blunders Ia ,bi,
act even more extraordinary, which entail result,
so disastrous that their legal effects are appaiHss IA
contemplate, especially as many Of them canno, b,
remedied.
On examining the repeating clause and sch.
dule" OF this monument Of stupidity II will be found
THAT Congress has unwittingly committed numb,
OF prodgious blunders, as we shall show.
l. II has abolished the act Of August 1916 ehapt.,
no. page 80 ninth volume, Statutes nj Large, entitled
" An Act TO provide for the better organization al
the Treasury, and for the collection. safe keeping
transfer, and disbursement OF thu public revenusS
In doing this 1t has virtually
ABOLISHED THE rREAsuEr DgPARrxtvr,
az will be reading the act. IT abolishes Ii,
ONCE Of Treasurer Of the United States and an IN.
duties thereof 1t abolishes the once OF Assis,ap,
Treasurer at New York, Philadelphia, New Orleans.
Boston, Charleston, and 81. Louis; the U. s Mints
Collector Of Customs at New York and other cities.
Receivers Of Public MONEYS. &c, &c. 1t abolshe,
the law making 1t penalty FOR pube officials 70
embezzle public moneys intrusted to then. II
sboshes the law requiring custom duties TO b.
paid In gold and silver.
2. II abolishes the act OF March 8, l49 ehap,er
los, vol. o. page 1906, entitled "An Act to eetablsh
the Home Department, and to provide for the Ttes.
sury Department an Assistant Secretary Of the
Treasury and q Commissioner OF Customs" In
doing this II
ABoLIsuEs TuE INTERIOR DEPARTMENT
and the once Of Secretary thereof, the Pattlt
once, Pension onice, Land once, Indian Once,
Census once, Commissioner OF Public Buldinxr
Assistant Secretary OF tile Treasury, Commissions
OF Customs, Indian Agents Registers, &c, &c
3. IL sbolishes the act OF July %, 1865, ohsptar
227 vol 10 page 10e, entitled IAN Act 10 anthorns
the temporary supplying OF vacancies in the Bksc.-
tive Departments" BY this gross blnuder ~
the gentlemen who have since July s, 1870, been
acting chiefs Of departments and bureaus during
the absence of their principals, have been acting
without warrant OF law, aud all their acts ss suth
void.
NO SAVING CLAUSE
Many may think that the number and nAgn,tads
OF these blunders may Them TO be ignored but
any lawyer see that many OF the disastrous o.
fects arising tberefrom cannot be ignored or rene
died. il ls hard TO suppose that the person per.
who pe:petrated these blnnders intended 10
peal these laws, but able lawyers fail TO sec what
rule oflaw or logic can be applied 10 otherwise en-
plain his their intentions. In the repeating clsuss
c! the act Il is expressly declared THAT the Alta
and parts OF acts set forth in the schedule Of act
cited. hereto annexed, ore hereby repealed, without
reyiyng acts parts Of acts repealed by any Of
said acts or any clause or provisions thereof" Ths
proviso has saving clauses which do not affect
the points above stated and then follow the laws
above cited and others, designated by chapter PAGE,
and volume.
No doubt 1t was the intention OF
The "GRRAsER" OF SEWING NAonISRs
who compiled this patent" bluader TO aDolA
only such parts Of these laws as relate to patents
but II so, why not adopt the usual form snd pro
cedent b. saying, :" that all acts and parts OF acts
hereto passed on this subject be and the same
hereby repealed :" Tte.blunderug &C. IA cues
ton is the only one to be found on the statutss
where, in abolishng former laws, the precedent
above cited is departed from. But there are other
errors that 90 to disproye The suppo.iton above ad
Nancrd. rv vAanyiv, t'v at u Apr g., 1885, chaI.
ter 90 volume 10, PAGE .27G is abolished. although
it in way, by word inference refers 10 paterts
or the Patent ONCE.
Although Congress undoubtedly has the power.
after renewing these acts to pass enabling acts 10
make good the doings oil public o1cers during the
isterregnum, it pass no act attaching penalties
to violations OF the acts which were supposed TO be
in existence, but which tlhad unw,i!bgy repealed,
for such an act would be poet yJdeto, and come
quently void.
FINE OPENING ron TuE LAWYERS
No more cbslOm duties, therefore, need be pad IL
gold; and 1t is serious question whether the dk
ference between the value Of specie and eurrens1
cannot be recovered from the Government on al
duties paid since the passage OF the act in question
Public officers who have the custody OF pubh
moneys can embezzle them with impunity. Custom
duties cannot legally be collected at all, or publ
lands sold money coined, or pensions issued
The very enormity and stupidity OF these biunder
can hardly be eomprehended They are appalling
and require the immediate assembling OF Congreu
to reetiy them go fur as II lies in rs power The
frienos Of Mr.. Jenckes, Chairman OF the Cummitte,
on Patents, say that he Is not rcspons ble for these
unparalleled bundcrs, as the bill was originated an,
compiled BY MIR. Fisher. the present Comm .s,onel
ofPatents. Even II this is so, and it is said 90 be
what is TO be thought Of n Congressional Committee
which inlru,ted the compilation Of so impuuaia bu
to 50 Incompetent person o. isheff OF Secretary
Cox, no approNedn OF the Co gress which passed
~ ana OF Tie President who signed H. vii al u
blunQCls and Determines patent on its ftcrf
W. ENGLISH. AttOrnes At law.