The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-07-11
LOTTERIES.
Postmaster General Gresham Eenders a
Decision Adverse to Them-rhe Opini II
in FulI.

Postmaster General Gresham Benders
Decision Adverse to Them-rhe Opini II
in Full.
WASHINGTON, D. c., July The follow
ing is the decision of Postmaster General
Gresham in the Louisiana Lottery case:
1 have carefully considered Postmaster
General Keys order touching money orders
and registered letters, the character of which
he specifically describes. In view of subse-
quent action of the Department and conflict
ing views TO which it has given rise, have
deemed it my duty to make the following
ruling. The Postmaster General here quotes
the order of Key TO the Postmaster at New
Orleans forbidding the payment of postal or
deIs drawn to the order of Dauphin ana
directing the return of all registered letters
sent to the same address, ana continues as
follows: There can be no doubt that this OF
der was clearly justified by provisions of
Sections 929 and 4,0il OF the Revised
Statutes. Ii expressly rectes that
the evidence which authorized the Post
master General to set in the premises
was satisfactory to him. His action was,
therefore, conclusive upon his subordidates
anC other departments of the Government SO
long es the statutes remained in force. The
only question in connection with 1t, which
examined, relates 10 Tue
power OF Congress TO confer upon him me
authority under which he acted. The doc.
tr1ne is now settled that Courts will not in
teIiere by mandamus or injunction with an
Executive Department in the discharge of its
duties, unless they are of character purely
ministerisl and involve no exercise OF discre-
ton or Judgment subsequent order OF
Postmaster General Key Is in these words:
PoSToFrICE DEPARTMENT
WASHINGroN, Fer. ~, 1881
SIR-On the 18TH day Of November, 1879 ISSUED
an Older addressed 10 you fOrbiddiDg the paym snt
OF any postal money order 10 ". A. Dauphin, and
to return ali registered letters addressed to them
TbisIarty having br0mx1 suit assnst me "a en-
join the PEI f0lmance Of t0is OideT, and having ap
1ealed the same TO the Supreme Court OF the
united states. and having this day prese 7ted the
Certificate 10 the Governor ard state Officials of
the ) ATE OF Louisiana that be has complied with
sl legsl requirements OF that STATE, and other evil
submitted to me that ssid Dauphin is engaged in
conducting scheme or device for Obtaining
money through the mails by means of false aud
fraudulent pletenses and promises, L hereby au-
tboI ze ana dlIecte suspension of the order of
November b. 1879. so far as 1t relates 10 said Dau
phin, until the case shall have been heard and de-
teTmined by the Supreme Court OF the United
Stsies.
(Signedl d. NJ. KEY.
Postmaster General.
To the Postmaster at New Orleans.
1t appears by the recital that the suit had
been brought to eDjoin the execution of the
irst order, and that the complainant had
appealed the case to the Supreme Court of
the United States. The decree, therefore, OF
the Court of original Jurisdiction was ad
vefse to him, and the Postmaster General
consented to temporary suspension of that
order until the case should "have been
heard and determined by the tribunal of
lest resort. The previous order was not re-
voked or cancelled. II such had been the
intention of the Postmaster General il would
have been expressly declared. 1t was sim
pending appeal the execution of the preced-
ing oIder should be suspended. The dis