Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-07-24

TIE ATTORNEY GENERALS OPINION IN
THE CHOEFESNISG CASE.-As mentioned
in yesterdays STAR, the Attorney General
has cent to me T~sident a long opinion in
tine ChOG penDing ca review Jug the various
acts of Congress relating thereto. and Va .iOus
dc CIslOES of the supreme Court aud Court OF
Claims, In which the principles governing
ms case have teen JuGiciOusly considered.
The opinion = that me sum of Si4S.HlG 80
found TO be due by the late POStma>ts r Gen
r.al cannot be paid, since the repeal of the
resolution which referred the ease To the
Postmaster General. That under the law
the Postmaster General did not &C, as Judge
hut merely "a minister of Congres :; that
his nEding lS not in the nature OF an award
~ al arbitrator, aud that the case does not
differ IN principle from the case of Gordon
vs. the United States, Wal, 1876; hat the
amount OF 500 OI2.9J, heretofore paid by
Postmaster General Brown to Mr.. Chorpen :
ming. which was found due. under refer-
cHCe 10 the Postmaster General maie by Bn
act OF CONGRESS did not bind ChOrpenning SO
mat he could not appeal 10 Congress for
more. On the other hand. the Attorney Gen
eial holds that the present Posi- master Cen
"ral Is not authorized 10 pay the additional
amount sOUnd due by the late Postmaster
General. for the reason that COngre ; re-
peal6a the resolution of reference before the
money was paid. He also holds that in the
bfcSeut condition o. the law the Court of
E iaimS has jurisdiction in this case but is
clearly of the opinion that the amount found
cue by the late Postmaster General is not n
award which the court can Enforce and that
unless Congress inteTvenes. the claim is
barred by the statute Of limitation.
NAVAL ORDERS.-Pa Ssed Assistant Paw
master III. T. StaDclef ordered TO the Tusca-
rora. Commander X. $. MCCook detached
from the command of the Kansas and placed
on waiting orders. Lieutenant Commander
NJ. w. Sanders. late of the Saranac, or ier~ 4
10 The TuScaTOra as executive officer. Lieut.
Webster DOty detached from the Pensacola
ard placed ON waiting orders. Lieut. Chas.
A Scbetky detached from the Tuscarora
nrfts tn hl PORT
officer. Lieut.. Il. - Richards from the Ports
mouth, ard ordered 10 the Tuscarora. Lieut.
y. H. Fletcher from the Kansas, and ordered
To the Worcester. Lieut.. George A. y orris
from the Tuscarora, and ordered home to
Henry T. Stockton and VIM. +. Low, Ensign
Jacob j. Hunker, Assistant Surgeon James
NJ. Amber. and Passed Assistant Engineer
r. L. fhillIppi from the Kansas, and order
ell home To await orders. Passed Assistant
PaymaSter j. q. Hobbs from the Tuscarora
return home and settle accounts. Passed As
Sl>tant Pay master T.. II. Hurlbutt from the
Kansas, and Oruered to settle accounts.
Chief Engineer III. w. Fitch from duty as
coal Inspector al Philadelphia, on the re-
PORTING az his relief. and placed on waiting
oT':ers. Mate John RouEsavell from the Bos-
tn navy ard, aud ordered To the recei wing
snip POtomac at Philade; phia. Boatswain
Is r Ialghton from the receiving ship Ia
dependence, at Mare Island navy yard aad
ordered TO the Benicia. Boats vain Alexan-
der Mack from the Benicia, and order VI /.
nome 10 await orders. Acting Roatswain J. /
Z, lhcihIson rom the receiving shin Colo 1
rtOo, anu ordered TO the TIscarora. Gupner |
VI. y. Iutcher from the Omaha. AMI placed |
ON waiting oriers. Carpenter Richard o
new. late or the Saranac, ordered 10 the Tn
cRrOra. SailmaSer John T.. Chayalier from,
the Cm2tS, anu placed on waiting orders