The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-16

did know long since that he had been IN the en-
pIoy Of the government as supervisor OF internal
In this connection Mr.. Sawyer called attention
to the internal evidence that the letters OF intro.
revenue given by Messrs. Boutwell, and Riohard-
sawyer have common origin There was no
question whatever that the letter OF October is,
1873, purportinS TO be signed by Mr.. Richardson.
was written In the solicitors once. tor
July 81 1873 also bears his check In further review
OF the evidence OF Mr.. Banneld Mr.. sawyer said,
II never gave an opinion nor held an opinion that
the OF 1870 could airy bear construction which
would authorize such contract as Mr.. Kelsey
and nas Under the latter
struction broad enough TO cover it. The
on on I,s o1nda M . lor such statement
sey made suggestion That q reading OF the act
was possible by which such construction could be
given TO IT as TO include cases not In the States
lately IN insurrection. am not prepared to state
that did not say that there ought to be o law
Of could be- reached Hs
nela by powerful corporations from the govern
Mr. Sawyer further quoted and commented on
the testimony OF Mr.. Garfield, refutlng the posi-
ton oil the solicitor. He said the general ten.
dency and effect OF the Solicitors recent state
preston that the duties Of the Solicitor In refer
ence to these contracts were scarcely more than
the Solicitor was oiirectedd from the secreIary's
ONCE, and that very little was left to the
NOW II this be the view held In the solicitors once
1t differs entirely from the view held in the Secre
understood aud admitted that the que question
whether contract shall be made with any indi-
vidual under this law Ii one which the Secretary
alone can decide, and 1t ID altogether probable that
the solicitor would consult, and has consulted, with
the Secretary as TO the general terms OF the con-
tract. But 1t IL also understood when that ques-
ton Is decided that the making OF the contract, the
Carrying on Of all correspondence IN reference TO
1t and the kl0des or doing business under It, with
the exCeDCiOQ of the reCeiDtS of the arising
from the collections are committed to the Solicitor
as an agent OF the Secretary for this purpose.
the the Secretary would take axe" on "n ali matters
connected with said contracts subsequent to
their being made. n any question should arise as
to the Interpretation OF the contract or as TO the
propriety OF any action done under 1t the solicitor
%oa p the 'e n pnoa nan anu
He would not seek such counsel II he regarded the
Solicitor simply as clerk. lie mas IN no IN
stance been SO regarded, but as competent,
sagacious lawyer, c0nversant with the provisions
OF the law ltseI, and with the relations OF the Sec
rotary to IL; and able to give advice and direction
sponsible Tor every act done by himself IN It's adj
mlnstration. and for every document which ne
Such Is unquestonably technically the TACT
The law imposes upon MN and not upon the Solci-
pose upon the Secretary the execution
and administration oil great variety OF matters
vice, in every one OF which, he to do person
ally all that the'law imposes upon HIM, he would
occupy his whole time. The law cOntemplateS
that he snail the brains and the hands OF other
persons. He therefore, makes divisions in his
office, to each one OF which certain duties are
assigned, and the head Of each division
takes personal charge OF the matters pertaining to
his own branch OF the service. So, IN the case
committed the drawing of the contracts ana the
general management OF the work done under
them and whatever he has done has been sup
posed In the Secretary's office to be done, not
bhndly and IN a periunctory manner, but lntelli-
gently, win MS eyes open to the responsibilities
the Secretary would assume by the adoption OF his
acts; and IL judge,n Mr.. Sawyer SAID, slrom the
character OF Ban1eld's first statement before the
committee that the Solicitor IN his acts COncurred
with the view which say Is held In the Secretarys
ONCE" t
During the examination which followed Mr..
Sawyer. IN response to question said the COM
penSatIOn to Mr.. SanbOrn and others was too
LIBERAL Mr.. Niblack OF the committee, remem-
under the special or extraordinary contracts did
not compensate Tor the scandal which had thereby
been brought on the government, the character Of
which should not depend on money alone.
statement giving his recOllectons Of the clrcum-
stances under which copies of two letters al
dressed to supervisors and collectors or internal
revenue, dated February 3, 1873, and October 10,
1873, signed by Messrs Boutwell, and Richardson
respectively, printed on page 4 OF Part 2, Execu-
tive Document 1872, were omitted from the first lot
OF papers transmitted to the House OF Representa-
tives.
Supervisor Fulton. for the district OF Pennsylva-
nia Maryland Delaware, New Jersey and District OF
Columbia, made q sta. ement showing that Kelsey,
Clarke and others had called at his Office showing
the authority OF the Treasury Tor their collection
OF legacy and succession taxes. The Statements
further showed that Mr.. Fulton was at that
Office all the cases presented by the special agents
being on record In mis- office.