The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-07-09
Text of the Decision.

WASHINGTON, July S.-The following is the
decision OF Postmaster-general Gresham in
the Louisiana Lottery case:
have carefully considered Postmaster-gen-
eral Keys order touching money-Orders and reg
istered letters, the character of which he spe-
officially describes, aud In view of the subsequent
action of the department and the conflicting
views to which il has given rise, have deemed
1t my duty to make the following ruling:
The Postmaster general here quotes the
order of Mr. Key to the postmas-
ter of New Orleans forbidding pay
the order of Dauphin, and directing the re-
turn of all registered letters sent to the same
address, and continues as follows:
There can be no doubt that this order was
clearly justified by the provisions of sections
1929 and 4,041 of the Revised Statutes. IL ex-
pressly recites that the evidence which author
lzed the Postmaster general to act in the prem
Uses was satisfactory to him. His action was
therefore conclusive upon his subordnates and
other departments of The government so long as
the statutes remain in force. The only question
in connection with II which could be judicially
examined relates to the power of Congress TO
confer upon MIN the authority under which he
acted. The doctrine is now settled that the
courts will not interfere by mandamus Or in
junction with an executive department in the
discharge of Its duties unless they of charac-
ter purely ministerial, ana involve exercise
OF discretion or Judgment A subsequent order
OF PostmaSter-general Key is in these words:
"PosToFFIoE DEPAR MENT,
WASHINGTON, Feb. 27, 1880.
''sr-On- the 18th of November, 1879, 1 is
sued an order addressed to you fOrbidding the
payment of any postal money-Order 10 NJ. A.
Danphin. and the return of all regis.
tered letters addressed them TO the
nostmas'ers at whose offices they Were
mailed. The party having brought
SUIT against me to eniOin the performance OF
this order. and having Appended the same to the
Supreme Court of the United States, and having
this day presented the certificate of the Gov
ernor and Stale officials of the state of Louisi-
ana, thar he has complied with all legal require
ments of that State, and other evidence, and not
being satisfied, from the evidence submitted to
me, that said Ddnpnin is engaged in conducting
q scheme or device for obtaiuing money through
the mails by means of faise and fraudulent pre-
lenses and promises, 1 hereby authorize and
direct the suspension of the order of Nov. 10,
1879, so far as relates 10 said Dauphin until the
case shall have been heard and determined by
the Supreme Court of the United States.
"D. NJ. KEY, Pcs master general.
ITO the Postmaster, New Orleans"
Itappearshv the Tecithls that suit had been
brought to eDjnin tine execution of the first or
der, and that the compla nant had appealed the
case to the Supreme Court of the United States
The decree, therefore, of the court or original
jurisdiction adverse to hun, and the Post
master-geueral consented 10 "a temporary sns-
pension of that order until the case should "have
been heard and determined" by the tribunal of
last resort. The previous order was not revoked
or cancelled. If such mad been the intention of
the Postmaster general it would have been ex-
pressly declared 1t was simply and in effect
provided that during the pending appeal the
execution of the preceding order should be sus-
pended. The dismissal of the sppeal, therefore,
IN vacation. by appellants counsel, with the
consent of the SolicitOr-general, put an end to
the suspension and restored the binding effect
of that order.
II has been siren nously insisted that the orig
inal order was not to be enforced until the case
TO which the second order refers should have
heen actually determined by the Supreme Court
| cannot acquiesce in This view, lnasmueh as the
complainant conld at any time. by Diminishing
his appeal, Withdraw the from the deter
mnation OF the court. The second order would
thus be at the option Of the complainant, and