Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-07-21
LOCAL MENTION.
To the Public

In November, 1879, was astounded by an order
OF Postmaster-General D. NJ. Key, charging me
with "oeing engaged in fraudulent schemes and
oe'ices, ETC. Conscious that such charges had
no foundation, made application for the evidence
upon which ne actei, and demanded an investiga-
! ION also brought suit against him, alleging
The false and injurious nature OF the statements
made 1 challenged his authority to make the
order that Registered Letters should not be de-
| livered to me, and that Money orders RENTED
| should not be paid wished to test the validity
| OF this order, and was advised that he was
/ liable for damages IL his statements were false
which was prepared to prove. Whilst this suit
| was pending, an investigation was made by Post
master General Key which resulted In his Issuing
! new order In place OF the FIRST, In which he
stated In substance, that the evidence upon which
the first order was issued was inaccurate and in
correct, mot being satisfied that l was engaged
raog Of fhs UPON the promu
with my Registered mail and Money Orders
new administration came In. ami with It a
new Postmaster General, who in the routine came
10 my case, which he referred to Atty-Genr Mac
aeagh, who examined the Statutes and the powers
oi lne PostmaSter-General Hereunder, and de.
clded In substance that, Notwithstanding rny suit
ana the second order OF Postmaster-GeneralK Key,
master-General, and that whenever there WAS
evidence OF fraud he could issue his order DENYING
10 me inc use OF the Registry department. There.
there was no fraud therein, and that interference
WIN my affairs was not authorized.
Upon these conclusions the question came up.
naturally, with regard to the dismissal of the
pending suit against Postmaster General Key,
winch mad been appealed to the Supreme Court
of the United States; he assured my representa-
tive that there would be no further interference
consequence Of this assurance, consented to dis
miss the appeal 1t was dismissed under this
agreement, In good faith on my part, relying, as
Department
Some time after this dismissal was entered of
record my affairs were called to the attention Of
Postnaster-General Howe, the third Postmaster
General who, within two years, made inquiry into
my business This officer, In an official letter "a
COPY or which accompanies thiS) to the Speaker Of
the House OF Representatives stated the substance
OF The agreement which induced me to consent to
| menr, and conceded that, even If no other dues
ton was Involved, the P. O. Department ought
not now to avail itself OF the dismissal to revive
the OBJECTIONABLE order. He thus recognized that
the fulinent OF the agreement was obligatory
upon the Department
Notwithstanding the agreement, its recognition
through Asst Att'y-Gen1 Freeman, aaO,c comes
forward, and. without charging fraud, Chat being
impossible to be done truthfuly) demands that
the obsolete order shall be enforced.
W hen the attention OF Assistant Attorney Gen
erai freeman Is called to the breach OF faith
In tnlsdeInand, In thus availlng himself of tech
nicalty to revive the obsolete order. viii ch
Though appearing OF record,) was In fact abro-
gated by fair agreement. he replies that he him.
sell Is not responsible to the Department of JUS
tice and, refusing to recognize said agreement he
lhalSts upon the revival or the order.
Thus 1t results that am deprived OF the Oppor-
Iunl,y OF having trial OF case, which was adj
vlsed would FULLY vindicate my rights, and now
the I. u. Department takes all the advan-
tageS which would have accrued to 1t had the case
been tried and decided against me.
Pending the full establishment of my rights in
the courts OF law, appeal to all those who re-
spect fair play to carefully consider my statement
aDdFe and no less SO the exceedingly interesting
Howe, herewith appended.
NJ. A. DACPHIN.
P'PSt Louisiana State Lotte,.U Compunu
NEW ORLEANS, July 18th, 1883.
.PosT OFFICE DEPARTMENT.
OFFICE OF THE POSTMASTER GENERAL,
WASHINGTON. DC, April 3, 1892 }
Speaker or the House OF Representatives:
SiE: nave the honor 10 acknowledge the re-
ceipt OF the resolution adopted March &c. 1892 d.
rectihg me to inform the House of Representatives
whether an order Was issued by the Post Onice
Department. forbiddins the payment OF any postal
tiers, to NJ. A Dauohin, or any other agent OF the
louisiana Lottery Company, and directing the re-
turn OF the same to the post office where first OBJ
talneq or depOs1ted; II said order was issued has
there been any enforcement thereof, and ifSO 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 1saued by the Post Ofce Department suspend
ing the hrst named order:and II so, when was it is
itations affecting it,"
a copy OF an order by Hon. d. H. Key, Nov Is.
1872 as General, rorbidding the deliy.
cry OF registered letters and the payment OF money
orders 10 NJ. A Dauphin. M. a: Dauphin, secre-
tary, or N. A. Dauphin, Post once Box 6s2 New
Orleans, La.
also enclose copy OF another order issued
reason stated therein, that NJ A. Dauphin. having
brought suit against the POstmaster-General to
Court Of the United States, and having. on the day
81 iISug ,ne oIaep OF to
ernor and state officers of the state OF louisiana
that he hascompled with the legal requirements
OF that state. and also other evidence, and the
PoStmaSter-General not being satisfied from the
evidence submitted to him, that the said n A,
D.uphln Is engaged in conducting scheme or de-
vice for obtaining money through the mails by
means OF false and fraudulent pretenses repre-
ssnta t and promises, the order OF November
lates to the said Dauphin, until the case shall
have been heard and determined by the Supreme
Court OF the United States.
i am advised that the original order Of M.
yenIber ID, 1879, was enforced according to it's
terms and intent, until the order OF Suspension
was issued, since which time 1t has not been en-
The appeal. as I am today advised, has been
dismissed under the 18th rule OF the Supreme
pellant and the Attorney General OF III, United
states. The dismissal occurred during the incum-
bency OF my immediate Official predecessor. and
no action was taken thereon, nor am advised
that he was Informed OF the agreement to dis
miss.
The case has not sheen heard and determined
by the Supreme Court OF the United StatesD and
as the Attorney General OF the United States has
consented to disposition of the appeal that pre-
vented such hearing and determination, am not
prepared 10 say, even II there were no other u,es-
Iion involved. that may now avail myself of the
fact OF the disposition made OF the appeal to nut
the order again In force.
But there Is an objection which is conclusive
against the adoption OF such a course
The law only authorizes such an order to no in
force when the POStmaster-Cieneral acts ssnnon
evidence satisfactory to him that any person fs
engaged In conducting any fraudulent lottery
gift enterprise, or scheme for the distribution al
money, or OF any real or personal property by lot
chance or drawing OF any kind, or In CONDUCTING
any other scheme or device for obtaining mohey
through the mails by means OF false or FRAUDULENT
pretenses. representations, or promises"
Now, the order OF suspension states as O reason
for It's issuance the fact OF: The Postmaster.0en-
eral mot being satisfied from the evidence siib-
United to him, that said II. A. Dauphin Is ENGAGED
IN conducting scheme or device for Obtaining
money through the mails by means OF false and
fraudulent Pretenses, representations and Drom.
ises. the ground stated for issuing the order orig
inally. Wv ~~0- 0''s
This statement not only In fact SUSPENDED the
order, but admitted that the Postmasfar-
had no longer power to keep such an order in
force. ~ 40
Cnder this state Of facts hare not taken NM
oct.on Ia Me premises. No PROOF has Oeeu sab.