New-York tribune., 1877-08-04
SENATOR sARGENTs LIBEL SUIT.

THE DEFENDANTS TRYING TO GET cor Its OF HIS
LETTERS RECOMMENDING PgCPLE TO oFFICE-AN
IMPORTANT DECISION REFUSING THEM.
fBY TELEGRAPH rHE rRIBUNE.l
WASHINGTON. Aug. 3.-An important decis
ion has just made By the Attorney-ienera' VINO
holds that the endations FOR oice on file IN the
Departments are not matter record there ana cannot
be- inspected except by those personally Interested nor
can copies be- furnished upon application FOR evil
dence in causes which private citizens are parties
much publication. The decision made upon
the application by Charles DE Young Of The
Sar. francisco Chronicle for certified copies of
the recommendations made by Senator sargent
OF afornia for USE "a evidence in approaching trial
for alleged libel against the Senator Last April and
at various times since. The Chronicle has published
charges against Federal oice-noders' on the Pacific
coast. whom, il asserted, commended, supported
and abetrd 1i Sergeant and Mr. Page. Alter making
number efforts 10 obtain an Indictment OF the pro-
rier Of TINS paper FOR criminal libel in all the counties
OF the state indictments found by the Grand Jury
OF Eldorio Comfy against Chas and ". H. DE Young
II was proposed 10y the defence TO the recomnon
datons in question in support OF the allegations men
toned An application Tor permission 70 obtain certified
copies Of recommendations WAS hrs presented to
the President July l6. An returned 10 the
communication directing application be mad. to the
heads OF each department whom the President could not
assume direct IN the conduct ol their ncs written
application accordingly made in substantially
tle same form the different departments, specifying
the officers appointed in California within the period in
dlcated President, 1869 10 1871 ana requesting
certGed copies the recommendations made by those
gentlemen. Before answer had been drawn up by the
0tLcr departments me subject of tins application had
up discussion between the members O the CaD-
met who had decided be guided by tine opinion rem
dered by Attorney General Dvens Secretary sherman.
however referred tho application made 10 his Depart
ment To the officers OF the Treasury. and returned
answer in which the Secretary said, among other things:
must decline examination 20 De made OF
the rs Of this department, in compliance with your
/ quest. have further say that the Hon Aaron A.
Sargent appears To nave been Member OF Congrss dur
ing All the time covered 10y your iequeSt am Of the
/ opinion that any Orcial communication from mem
! ber OF Congress tO the mead Of this department
| the subject OF appointments Of persons To
| cretion OF privileged communication, disclosure
Of what would in general be- prcjudca % the pubic IN
Official IN us character is Of the nature Of private
correspondence and does noe belong 10 the dies Of tins
Depart uent and is ~ the description OF records,
papers documents OF which copies required and
| authorized 10 be published.
The applicants appealed 10 the President after Mr.
shernan decision, and the matter referred Gen.
Devens. The Attorney General has now prepared
opinion the subject upon which the President has
based refusal 10 grant Mr. DeYoung's application.
Gen. Devens says;
The provisions for the custody tho records of the
Departments II found In section 16 the Re
Statutes, wncn provides that "The mead OF each
Department authorized t. prescribe regulations not IN
with the law Tor the OF his Depart
nlent; and the custody, use and presentation Of the
records, papers and property apperfuning Ia IT Ger
files OF the Executive Department definitely
character Of public records ana copies OF these
parties Interested are entitled upon the fees
prescribed. The most important Of sucn files are the
patents FOR useful inventions and the patents for lands
-ee Revised statutes. sections 2l3 459 400 46l, 3l3
| and s92.
by section No. $50 1t provided that "Copes OF
books, records, documents IN OF the Ike
cutye Departments, authenticated under the seals OF
such Depaime snail be Admitted as evidence equly
with 10 the originals Under THIS provision
has customary to furnish from time Ia time. from
Dgf TIM M fu4
papers apd documents IN addition 10 the pubic records
Ielatug lands aud patents and these have been al
mlttcG. N N understood, III evidence al the tria Oi
the Courts with reference 10 the re-
commentators in question, however do not under
stand that they description OF either
| are papers which are ned from time 10 time
/ by parties for their convenience. sometimes
and sometimes In opposition ~ particular per
who named ~ candidates Tor Executive Offices
understood be adopted in AL the Executive Depart
nents be Withdrawn from the hes Whenever the hp-
pican's office desire H. While. undoubtedly, the De
partment retain, II u sees nt any or all OF thse pa
pers, custody VI them is more generally Tor the
convenience Of those parties who HE them than i ls
own. is believed thst in all Departments indyldii.
permitted 10 objections which nave en- ntu
against themselves upon grounds wlaeVer ia oheF
that they know by whom they are ncd and II pos
sibs, may answer remove the objections, hui
rule would necessarily D~ subject
70 the that it should only done when the
comm not in ts nature privileged keool
mendstions office not, think, ordinarily 10 be
deemed privileged communications but 1he rule III
ms opinion, beyond thai which exists All N uone
ss Justice requires when party permitted 10 see
any objections charges whch have been ned Agatha"
himself.
M williams on behalf Of The Erdne,seo Chroniels.
desires make investigation, ~ understand from
hs Letter OF the recommendations OF large number of
oiears who withia the i've six years. have been
ApD0ipsed, vita view of establishing rom such exam