Savannah morning news. [volume] (Savannah) 1868-1887, 1883-07-23
TO THE PUBLIC.

In November, 1879, / was astounded
by an order of Postmaster General d.
N. Key, charging me with ''beIng engaged
in fraudulent schemes and Devices" etc.
Conscious that such charges had no foun-
datiOn, made application for the evil
dence upon which he acted, and demanded
an investigation. L also brought suit
against him, alleging the false and inju-
rious nature of the statements made. L
challenged his authority to make the or
der that registered letters should not be
delivered to me, ana that money orders
RENTED should not be paid. 1 wished to
test the validity of this order,
and I was advised that he was
liable for damages if his statements were
false, which | was prepared to prove.
Whilst this suit was pending, an investiga-
ton, was made by Postmaster 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 incorrect, mot being sat
istied that | was engaged in any fraudu-
lent Schemes Upon the PRONUNCIATION
of this new order Feb, 1890, interference
with my Registered mail and Money Or
ders ceased.
A new administration came in, and
with it a new Postmaster General, who,
In the routine came to my case, which he
referred to Attorney General Mac Veagh,
who examined the statutes and the pow
ers of the Postmaster General hereunder,
and decided in substance that, nOtwith-
standing my suit and the second order OF
Postmaster General Key, the power was
always in the hands of the Postmaster
General, and that whenever there was
evidence of fraud he could issue his order
denying to me the use of the Registry De-
partment Thereupon the Postmaster
General made thorough investigation of
my business, and decided that there was
no fraud therein, and that interference
with 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, which had been
appealed to the supreme Court of the
United States; he assured my representa-
tive that there would be no further inter-
ference with my business unless fraud
was discoveries; in consequence of this
assurance, l consented to dismiss the APP
peal. 1t was dismissed under this agree
ment, in good faith on my part, relying,
as 1 implicitly did, upon the assurance Of
the Post Office 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
a copy of which accompanies thiS) to
the Speaker of the House of Representa-
tives, stated the substance of the agree
ment which induced me to consent to the
dismissal OF my case; he affirmed this
agreement, and conceded that, even if no
other question was involved, the Post
Office Department ought not now to avail
itself of the dismissal to revive the OBJ
jectiOnable order. He thus recognized
that the fulfllment of the agreement was
obligatory upon the Department.
Notwithstanding the agreement, it's re-
cognitiOn and affirmation, the Depart
ment Of Justice, through Asst Atty
Gen'l Freeman, nOlC comes forward, and,
without charging fraud Chat being i'm
possible to be done truthfully), demands
that the obsolete order shall be enforced.
When the attention of Ass'tAtt'y Gen'l
Freeman is called to the gross breach of
faith in this demand, in thus availing him.
self of technicality to revive the obso-
lete order, which Though appearing of
record J, was in fact abrogated by a fair
agreement, he replies that he himself is
not responsible to the Department of JUS
tice, and, refusing to recognize said
agreement, he insists upon the revival of
the order.
Thus it results that ] am deprived of
the opportunity of having trial of a case,
which 1 was advised would fully vindis !
cate my rights, and now the p. o. Depart. |
ment takes all the advantages which |
would have accrued to it had the case !
been tried and decided against me.
Pending tie full establishment of my
T. n a 7 RI oil
those who respect fair play to carefully |
consider my statement above, and no less |
so the exceedingly interesting and con- |
elusive letter from eX-Postmaster General |
Howe, herewith appended.
NJ. A. DAUPHIN,
Pres't Louisiana State Lottery Co.
Ne11 Orleans, July 14th, 1888.