National Republican. (Washington City (D.C.)) 1872-1888, 1881-11-10

United States NY learned friend asks me abou,
regulations made ~ the Postmaster General
shall come 10 that ~ few minutes.
MI Cook-That Is what wanted 10 understand.
MT Iotten-I am now talking TO Your Honor
upon ,s, nc subject Of the powers Of INC second
sst upon Il that there Is no word contained In any
statute tho United states that renders 1t possible
% Second A ss Tarc On So the
acts which are mentioned and des-
cribed in this information as having been
things have been DONE or II these violations oflaw
have taken place, u was the Postmaster General
Of the United States who did them and not one OF
bis subordinates, or three OF them.
Mr.. Cook--Excuse me, but " understand YOU
you mean 20 say, that notwithstanding they may
have been done by General Brady without o Az;
thority, yet the Postmaster. General alone would
be responsible for his Unauthorized acts2
Mr.. Totten-T do say so.
nj Cook-Wen wanted 70 understand Il,
attention to several passages in this extraordinary
paper. On page six Of this information you will
find this nverment: That on the LIST day OF Octo-
Der, A. y. 1873, and ct all times thereafter. down
10 the 10Th day Of April, 1881 the said Thomas J.
Brady, as such Second Assistant Postmaster-Gen-
THE LAWFUL RIGHT AND AUTHORITY
TO order and contract that the mail service
upon route No. 4010l should be increased by in.
deny as question Of law that MI. Brady had any
such no,yer AMI f,,rtbcrmoYc tbat az hn gttemnted
TO exercise any power Of that character his nets
ther tbat II n1v dlsbnrsing oii,cer of The United
States TrcasmIv sbonld nav out n cent OF
q, ,he public money upon 70 any such ~, a@,
ofense against the statutes OF the United states.
He had no lawfnl right or authority to make an
way. This information then goes on 10 say that
he had the power and lawful right TO make this
order and that he had such right and authority 70
shouid ineilv and in good faith' be OF the
opipion that such increase was desira-
the public GOOD and Convenience That Is n most
cxtrsordinerv statement n Your Honor please, in
charge Of an oflense-ihat he had the lawful
tbought n ought TO be done for the good OF the
neoplc for the public convenience, SC Let me
ask Your Honor, desirable TO whom, de-
sirnble by whom? BY the people who
reside In the Southern District of
New York; BY the people Of Maine, OF Florida, Of
new MexlcoY IL u was desired py tne people VINO
I'VE IN lne grea. VEST, VINO nre enghgea ln ,,t tne
down That wilderness and turning ne forest into
garuens tnhI was sulnc'ent ul NJ, uesiie W sS
'hat thihk 'here Wouiu DC no oiu'culV IN
CONVINCING ANY JURY IN THE LAND
that citizens of Gnnnison County in Colorado, and
all the citizens Of the back districts If New Mex
leo. thought It exceedingly desirable that they
should have mails six times n week instead OF
once Desirable, proper and requisite for the
public good and convenience" The public conve-
nience and good Of what pc ople7 OF what public2
hat tbe exbeditinp Of any mail * for the
public good OF the whole people OF
the nannie Who TcsIde in anv partIcnlor lecaIity
submit these considerations 10 Your Honor for
the purpose or showing that even II all we have
snid is rot sound n these gentlemen have n right
to nnss hy, Ire grand iurv of the district made OF
wo6d and lawfe,i men. and substitute their own
opinions by filing this criminal In
formation, then say that they have not presented
to Your Honor n cause which entities them to any
respect cause which entities thein 10 your
iionors order allowing me iiling OF this paper
Mr.. Jusuee Dillon says ~ the cnse OF MaN sN
upon whlcn they rely ana nave all tue ume rei'eu,
that n inc ohense grave one o.
the chnrgc uouDuul one tne Oourt
VIII withhold Its leave 70 p no oy py
information ana turn the prosecuting people over
WIN not ~ anything about sustaining CHI, charge &c
thinks right upon the ayerment that, in fact,
HE DID NOT THINK IT WAS RIGHT
II be possible I'm nil the books of evidence To
ara ,,Io mi viii an,hori1e mar IN go into m
inyeStisntion sS n what prrticnl"r opfnion WINS
en,ertaIned bv another IL is imnossible to nrove
hv ony LIND ~ ,estinany that NJ Rpady IL he
JId dS ,hIs ifbo all oynadj,o ,Lis route ,yas rot
~ ,bc ann;an ibot r. ns fn Inc nnhi m,N' 'o'
~ taS n .,, H. ,his aa %
,sbich wish ~ hr;nn ~ rour otten,ion
wisu W piIns W yVi
!. iVu a On page " ol we n inl 1
o,Sa Sa' ln ohno ,S rnoc
s naa n &C, enee' hG opyeS.
aio cause ana procure the postlnaster "a
9r eor e sun 70 e ms
S ,hn, ~ III ,1 sg,hs, ., up"h s'd I, ,uu.
W vd ,hat ne ou suUIe, o,e sa ., " JONI a:
that he "did procure the Postmaster.Generai 10
declare and decide that the said McDonough had
failed TO perform the service OF carrying the
mails on that route, and that he pro-
cured the Postmaster. General 10 decide and
declare that McDonough Kirk and Gleason had
failed to perform the service" There are three
averments on page TO- TO the effect that Brady in
conceived with these other people had induced
the General to consent to the subletting
Of contract submit TO the Court that that Is
not the averment of a crime. The Postmaster.
General Is the man upon whom thisduty Is imposed
The statute declares that any contract to slblct
| contract for carving the public mails of the
United States shall be absolutely void unless the
Postmaster General himself consents to a. Is Il
crime for clerk or subo rdinato officer in one o
| the executive departments OF the Government tc
| procure the Postmaster General to sign a papel
which tile statute allows him TO sign
II up spps ppoprpS
m - " -, =,