The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-21
washington Notes.

! w es0AAA8 NOA xNOG0S.
WASHINGTON, April 19.-The Com
missioner of the General Land Offic,
to-day denied the application of Pete
Sherrelock, of California, for surve,
and patent Of certain tracts of lan1c
within the city limits of San Fran
cisco.
The count of cash in the Treasury
J Will be finished tomorrow. The
counting committee will then exam
Inc the books and accounts of the
Commissioner of Internal Revenue.
A report has been receiv ed by the
National Board of Health that the
cholera which prevailed to an alarm.
ing extent in China, Japan and In.
dia some time ago has disappeared.
"A report has also been received that
smallpox is raging in Rio de Ja-
neiro.
Second Comptroller Upton has rem
dered a decision on the question of
the longevity of pay allowances in
the army which is in effect that
these allowances are to be computed
from dates of acceptances Of fappoint-
ments and not from date OF ap-
pointments.
The amount of bonds redeemed un-
der the circular in regard to prepay
ment of bonds embraced in the 1OOth
call is SIS, 135 500. This call was for
fifteen millions and the Treasury cir
cular authorized the prepayment of
the entire amount on or before to day.
The call will mature May 1st.
Postmaster-G General Gresham to-
day directed that in making post
office appointments in Mississippi
the recommendation of ex-COngress-
man Chalmers shall be given no
greater weight than may properly be
attached to them as the recommenJa-
tions of a private citizen.
It has been decided to redeem the
stamps and return them to owners
with the word Redeemed" imprint
ed upon each check, and all checks
and drafts bearing two cent internal
revenue stamps which remain un-
used on July first. The checks and
drafts then can be used in the regu-
lar course of business.
An order was issued yesterday to
appoint Samuel Gregg to thousand
dollar clerkship in the postoffice
department. Gregg was recon-
mended by a member of Congress
from Iowa. To-day when the gen
tleman applied to take the oath of
Office he was asked if his residence
was in Iowa, to which question he
replied in the negative, adding that
he lived in Virginia. The matter
was referred to the Postmaster Gen
eral, who decliled to make the
appointment on the ground that Vir-
ginia's quota is now filled and that
he did not think it proper to credit a
resident of Virginia to the State of
Iowa, Notwithstanding the app4ica-
ton was endorsed by an Iowa Con-
gresham.
First Comptroller Lawrence, of the |
Treasury department, to-day rendered
a decision upon the following case:
In 1880 J. Pullian, citizen of Ten |
nessee, employed Washington law
yer to prosecute claims against the |
government. The claim was allowed
and in 1882 a Treasury draft was
made to Pullian and delivered to the |
lawyer. The latter claimed a fee of |
81 800 This claim he assigned to |
the German American National
Bank, which failed and delivered
Pullian's draft to the receiver of the
bank.
PulliOn died in Tennessee. An
administrator was there appointed
to administer upon his affairs, and.
an administrator was also appointed
in the District Of Columbia. The
bank receiver applied to the First
Comptroller to instruct the Treas
lrer to pay the draft on the endorse
ment of the district administrator,
which was refused, because the Su-
prenae Court lad decided that in
such case payment must be made
20 the Tennessee administrator. The
receiver then filed creditors bill in
equity in the district against the dis
,rict administrators attorney, and
oy published notice attempted to
make the Tennessee administrator a
party defendant. The decree was
made that the receiver should en-
lOrse and collect money on drafts
md retain 81 800, and pay the residue
Il court for the Tennessee adminis-
ratOr. The decree was presented to
he First Comptroller with the re-
yuest that he instruct the Treasurer
o make payment, Judge Lawrence
lecides that the legal title to the
lraft is vested in the Tennessee ad-
This was decided by
he Supreme Court in the Peters case
hat payment can't be made to the
eceiver unless the title of the Ten
lessee administrator has benn di-
7ested and vested in the receiver.
'he legal title of the Tennessee ad-
has not been divested
ecause he could not be sued in the
district even if he was found here and
lence can't be by notice published
n this District. 1t was decided also
y the Supreme Court that the decree .
ere could not take away the right of
be Tennessee administration, nor
i've it to the Receiver here. The
ossession of the draft here does not
hange the result. Judge Lawrence
dds that this conclusion is required
Y public interests. Citizens in the q
tates will not deal with the govern !
lent if creditors may come from all
arts and prevent them from receiv- q
lg payment of money due them so
lat they may pay all creditors alike s
nd not permit such as come to {
Washington to bring suits. The
treasurer will be informed that he
III only lawfully pay the draft to +
lie Tennessee administrator.
he Apollo Commandry Matter.
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