Savannah morning news. [volume] (Savannah) 1868-1887, 1883-07-23
Posi- OFFICE DEPARTMENT
V5I Vt t Tue DEF AIt I MIN 7,
OFFICE OF THE POSTMASTER GENERI

OFFICE OF THE POSTMASTER GENERAL,E
WASHINGTON, ID. c., April 3, 1882.
Hon. !. W. heUer, Speaker Of the House
Of Representatives,
SIR have the honor to acknowledge
the recent Of the resolution adopted
March 20, 1882, directing me to inform
the House of Representatives "whether
an order was issued by the Post Office
Department fOr5idding the payment of
any postal money order, or the delivery of
any registered letters, to NJ. A. Dauphin,
or any other agent of the Louisiana Lot
terry Company, and directing the return
of the same to the post Office where first
obtained or deposited; if said order was
issued, has there been any enforce
ment thereof, and if so, for what
period of time was it enforced, and what
was the character of the enforcement? If
such an order was issued, has there been
any subsequent order issued by the Post
Office Department suspending the first
named order; and if so, when was il is.
sued, and for what purpose? Is it opera
tive now as the rule CT the department,
and what are the limitations affecting it ?'
In answer to such resolution | enclose
herewith copy Of an order by Hon. d.
NJ. Key, November 10, 1879. as Postmaster
General, forbidding the delivery of regis
tered letters and the payment of money
orders to NJ. A. Dauphin, NJ. A. Dauphin,
Secretary, or NJ. A. Dauphin, post office
box 692, New Orleans, La.
| also enclose copy of another order
issued February 81, $780, suspending this
order for the reason stated therein, that
NJ. A. Dauphin, having brought suit
against the Postmaster General to eniOin
the performance of the order of November
Is, 1875, and having appealed the same to
the Supreme Court of the United States.
and having, on the day of issaing the or
der of suspension, presented to the Post
master General the certificate OF
the Governor and State officers
of the State of Louisiana, that
he has complied with the legal re-
quirements of that State, and also other
evidence, and the Postmaster General
not being satisfied from the evidence sub
mitted to him, that the said NJ. A. Dauphin
is engaged Ill conducting scheme OF de-
vice for obtaining money through the
mails by means of false and fraudulent
pretenses, representations and promises,
the order of November IS, 1879, is de-
clared to be suspended, so tar as relates
to the said Dauphin, until the case shall
have been heard and determined by the SUI
preme Court of the United States
l am advised that the original order Of
November 10, 1879, was enforced accord
ing to its terms and intent, until the order
of suspension was issued, since which
time IL mas AOJ Deen enforced.
The appeal, as / am to-day advised, has
been dismissed under the 2Sth rule of the
Supreme Court, by agreement Of she at
torney for the appellant and the Attorney
General of the United States. The dis
missal occurred during the incumbency
of my immediate official predecessor, and
no action was taken thereon, nor am !
advised that he was informed of the agree
ment to dismiss.
The case has not ,.been heard and de-
termined by the Supreme Court of the
United States," and as the Attorney Gen
eral of the United States has consented TO
a disposition of the appeal that prevented
such hearing and determination, am not
prepared to say, even if there were no
other question involved, that / may now
avail myself of the fact of the disposition
made of the appeal to put the order again
in force.
But there is an objection WEIGH is con-
elusive against the adoption of such a
course.
The law only authorizes such an order
to be in force when the Postmaster Gen.
eral acts ''upOn evidence satisfactory to
him that any person is engaged i'll con-
Quoting any fraudulent lottery, gift en-
terprise, or scheme for the distribution of
money, or of any real or personal property
by lot, chance OF drawing Of any kind, or
in conducting any other scheme or de-
vice for obtaining money through the
mails by means of false or fraudulent
pretenses, representations or promises"
Now, the order of suspension states as
a reason for its issuance the fact of: The
Postmaster General ''not being satisfied,
from the evidence submitted to him, that
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 pFetenses, represen-
tations and promises" the ground stated
for issuing the order originally.
This statement not only in fact sus~
pended the order, but admitted that the
Postmaster General had no longer power
to keep such an order in force.
Under tbas state Of facts haze not taken
ana action IN the premises. No proof has
been submitted to the Department siaoe the
order Of suspension, tending 30 establish
the fact that u, A. BaUphln is engaged in
conducting day scheme that lVOuld bring
him egithin the contemplation Of the Sta
tute.
My answer to the resolution of the
House of Representatives has been as
complete as the record of the department
authorize, and believe is full response
to the inquiries. Although not a matter
of record, it is understood that the dis
missal of the appeal Of Mr.. Dauphin,
while entered of record as by agreement,
would have been rendered necessary by
the unexpected retirement of Postmaster
General Key, which, under the settled
rule ofthe Supreme Court, prevented the