The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-20
IN THE COURTS.


| WASHINGTON, Dec. l0.-lne DIS
trict Superior Court, general term
took up to-day the case of M. A. Dau.
phin against Postmaster General Key
in which complainant seeks an injunc
ton to restrain enforcement of the
recent order of the post-office depart
ment, forbidding the delivery to him
Of mail matter, postal orders AND
registered letters.
Senator Carpenter, G. A. Moulten,
of Cincinnati, f. p. Hay, and Messrs
BARLEY and Smith appeared for COM
plainant and Hon. A. A. Freeman
and Judge c. A. Ray for the Postmas-
ter General.
Counsel for respondent filed a de-
murrer, setting forth that no atfirma-
tive allegation asking for relief had
been made as in equity there should
have been; that no private letters
have been withheld; that respondent
is improperly sued as citizen of
Tennessee; that the Postmaster Cen
eral has the rightful custody of letters
in the mails, and that the letters said
to have been withheld are letters per-
tanning to lottery business, which is
prohibited by the laws of the United
States.
Judge Ray, in his argument upon
the demurrer, maintained that the
President alone is responsible for the
official action of his executive officers,
and that the proceedings should be
against him, and not against the head
of department; that bill could not
properly be brought against the Post
M 1tn r. n n aifiVnn
nesse; that the court had no jurisdic-
ton and no power to issue the
injunction prayed for; and that the
Postmaster General under the statute
establishing the registered letter sys-
tenn, had full power to take the course
he had taken.
Judge Bartly in behalf of the COM
plainant argued that the business in
which Mr.. Dauphin was engaged was
sanctioned by the laws and Constitu-
ton of Louisiana. Apart from this
occupation he was also banker, and
that this branch of his businessswas
unconstitutiOnally interierred with by
the Postmaster Genererrl' g order; that
when letter duly stamped is receiv
ed by the postal authorities, it is their
duty to deliver it. He denied the
power of the Postmaster General to
try, convict, and sentence a man with
out affording him an opportunity to
be heard in self-defence.
Senator Carpenter who followed for
the complainant, pointed out that in
all the history of the government
there was the greatest watchfulness
to preserve the distinctive relations
and limits of the coordinate branches
Of the government, but now it had
gotten 50 that not only the heads of
undertook to regulate
affairs but any one of the twelve hun !
lred clerks would decide a case with |
Ill the pOmpousness imaginable, and
when the aggrieved party complained |
tell him there was no appeal.
This court, Senator Carpenter said,
was part of the coordinate branch of
-he government, and when it laid |
Town the law, Mr.. Key must obey.
If he refused, the aid of a mandamus-
would be invoked to compel obedi-
,nce. The Postmaster General repre-
'ented the President only in the
exercise of discretionary executive
power. The present case is evidently
Dlle III WHICH, Ulle L TeSluellb COulu IOJ
lct. s.
This court, Senator Carpenter said,
S called upon to say whether Congress
AN authorize the Postmaster General
o try person for sending improper
natter through the mails, to cut him
II from the benefits. of the postal
ervice if he 1.-THE Postmaster GeneraD
considers him guilty and then to tell
he condemned individual that he has
10 right to come into court of equity
md have justice done him. Argu-
nent will be continued tomorrow
WASHINGTON, Dec. 16.-Argument
n the case of NJ. A. Dauphm against
postmaster General Key was con-
luded in the District Supreme Court
o-day by Hon. A. A. Freeman, i'm
'ehalf Of respondent. He said that
he complainant might obtain his in
but the respondent could
Iot obey it. He had done no more
han issue the order, and if complain
mt wished to reach him hs must do
o by mandamus to compel revoca-
ion of the order to stop its execution
he Postmaster at New Orleans, who
] charged with such execution, must
e enjOined. ...
The Postmaster Generals authority
ad ceased. The court took the pa
ers and reserved its decision.
I