Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1883-07-22
TO THE PUBLIC.

In Nov, 1873, was astounded By an
order Of Postmaster General D. II. Key,
charging me with being engaged in fraudu.
lent schemes and devices, etc. Conscious
made application for tbs evidence upon
which be acted, and demanded an investi-
CATION. also brought against him, alleg.
ing the false and injurious nature Of the
statements made. challenged his
authority to make the order that
Registered Letters should not be deliv.
cred TO me, and that Money Orders RENTED
should not be paid. wished to test the
validity Of this order, and was advised
that be was liable for damages If his state
ments were false, which was prepared 10
prove. Whilst this suit was pending an
investigation was made by Postmaster Gen.
eral Key, which resulted in his issuing an
order in place of the first in which he
stated in substance, that the evidence upon
which the first order was issued was inac.
curate and incorrect, mot being satisfied
that ! was engaged in any fraudulent
schemes" Upon the FORMULATION Of this
order February, lSs0), interference with
my Registered mail and Money Orders
ceased.
A new administration come in, AMI with
it a new Postmaster. General, who n the
routine came to my case, which he referred
to Atty Gen'l MacVeagh, who examined
the Statutes and the powers OF the Post.
masterGeneral hereunder, and decided in
substance that, Notwithstanding my suit
and the second order Of Postmaster General
Key, the power was always in the hands of
the Postmaster. General, and that when
ever there was evidence OF fraud he could
issue his order denying TO me the use OF
the Registry department. Thereupon, the
Pustm as ter. General made q thorough in.
vtstigation of my business, and decided
that there was no fraud therein, and that
interference with my affairs was not au'
thorized.
UIon Il ese conclusions the question came
up, naturally, with regard to the dismissal
Of the pending SUIT against Postmaster Cen
eral Key, which had been appealed to the
Supreme Court Of the United States; he as
sured my representative that there would
be no further interference with my bust
ness unless fraud was discovered. In con-
sequence of this assurance | consented TO
dismiss the appeal. 1t was dismissed under
this agreement, in good faith on my part,
relying, as implicitly did, upon the assur
ance Of the p. O. Department.
Some time after this dismissal was en-
tered of record, my affairs were called to
the attention OF Postmaster General Howe,
the third Postmaster General who within
two years, made inquiry into my business,
This officer. in an official letter, IA copy OF
which accompanies thls) to the Speaker OF
the House of Representatives, stated the
agreement which induced me 10 consent to
the dismissal of NY case; he affirmed this
agreement, and conceded that, even il no
other question was involved, the I. q. De-
partment ought not to avail itself OF the
dismissal to revive the Objectionable order.
He thus recognized that the fu!tilment OF
the agreement was obligator upon the De
pertinent.
Notwithstanding the agreement, its rec.
IGNITION and affirmation. the Department
Of Justice. through Assistant Attorney.
General Freeman, Ho,r comes forward, and,
without charging fraud, (that being impos
sibIe to be done truthfully,l demands that
the obsolete order shall be enforced.
When the attention Of Assistant Attor-
rev General Freeman is called to the gross
breach Il faith in this demand, i'll thus
vaiiing himself of a technically to revive
he obsolete order, which Though appear
M Cf record y was in fact abrogated by a
air agreement he replies that he himself
hot responsible to the Department Of
Justice. and refusing 10 recognize sail
agreement, he insists upon the revival Of
lie order.
THUS il results that | am deprived OF the
lpuOrtuuitv of having a trial OF case,
which | was advised would fully vindicate
nv rights, and now the L. 0. Department
takes all the advantages which would have
accrued to it had the case been tried and
decided against me.
Pending the full establishment OF my
rights in the courts Of law, ! appeal 70
those who respect fair play TO carefully
| consider my statement above and no less
so the exceedingly interesting and c1nclu:
,iye letter from eX-Postmaster General
Howe. herewith appended.
NJ. \. DAUPHIS.
| President Louisiana State Lottery Co0,pUHy
New ORLEANS, July 18th, 1888.
PosT OFFICE DEPARTMENT,
OFFICE or THE PUsTNAsTER.GE
| WASHINGTON. ID. G. APRIL 3, lSs2. }
| Hon. J. w. KETFER,
Speaker Of the HoWSc Of Representatives,
| SIR: have the honor TO acknowledge
| the receipt of the Resolution adopted
| March 80, 1852, directing me 10 inform the
| House of Representatives, whether All
| order was issued by the Post.Oflice Depart.
| ment forbiddng the payment OF any postal
| money order, or the delivery OF any regis
| tered letters, to NJ. A. Dauphin or any
! other agent Of the Louisiana Lottery Com.
| pany, and directing the return of the same
! 10 the post office where first obtained or de-
| posted; if said order was issued has there
/ been any enforcement thereof, and II so.
| for what period OF time was 1t enforced, and
| what was the character OF the enforcement?
| II such an order was issued, has there been
any subsequent order issued by the Post
| Office Department suspending the first.
! named order; and il so, when was it issued
and tor what purpose? Is it operative now
/ as the rule of the Department, and what
| are the limitations affecting IT.
| In answer TO such resolution ! enclose
herewith a copy of an order by Hon. ID. NJ.
| Key, November Is, 1879, as Postmaster
General, orL.iding the delivery OF regis
| tered letters and the payment OF money
orders to NJ. A. Dauphin, NJ. A. Danphin,
Secretary. or NJ. A. Dauphin, Postoili e
| Box Gg2, New Orleans, La.
| | alsn enclose n COPY Of another order is.
| sued February u, 1859, suspeGding this
order for theiI eGson stated therein, that N
| A. Dauphin, having brought suit against
| the Postmaster General 10 enjOin the per.
| foImance of the order OF Nov. Is, 1879, and
having appe led the same TO the Supreme
Court of the nted States, and having, on
the day Of issuing the order OF suspension,
presented to the Postmaster General the
e, rti,icate Of the governor and State officers
Of the $ ate of Louisiana that he has com.
| pied with the legal requirements OF that
| state. and also other evidence, aud the
Postmaster General not being satisfied
from the evidence submitted 10 him. that
the said NJ A. Dauphin is engaged in con
Quoting a scheme or device for obtaining
money through the mails BY means OF
false and fraudulent pretenses, representa-
lions and promises, the order Of November
Is, 1879, is declared to be suspended, so far
as relates to the said Dauphin, until the
case shall have been heard and determined
by the Supreme Court OF the United
States.
am advised that the original order OF
November Is, 1879, was enforced according
10 it's terms and intent, until the order OF
suspension was issued, since which time II
has not been enforced.
The appeal, as | am to-day advised. has
been dismissed under the 2Sth rule OF the
supreme Court. by agreement OF the attor
ney for the appellant and the Attorney
General Of the United States. The dis