Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-07-10
The LOTTERIES
DECISION OF THE PosTMAsTER-GENEl
AGAINST THE COMPANIES.

DECISION OF THE PosTMAsTER-GENERAL
AGAINST THE COMPANIES.
WASHINGTON, July 9.-The following is
he decision of the Postma aster- General in the
Louisiana Lottery case:
| have carefully considered Postm aster-
General Keys order touching money orders
and registered letters, toe character of which
he specially describes. la view OF the SUBJ
sequent action of the department, and the
views TO which it has given rise,
| have deemed 1t my duty to make the fol-
lowing ruling. The Postm aster- euersl here
quotes The order of Key TO The postmaster at
New Orleans, forbiddipg the payment of pos-
tai orders drawn TO the order of Dauphin
and directing the return of all registered let
ters ST Mt the same address, and continues as
follows:
There can b. no doubt that this order was
clearly justified by the provisions OF sections
1929 anu 404l Of the Revised Statutes 1t
expressly recites that the evidence which au-
the Postm aster- General to act in the
premises was satisfactory to him. His action
was therefore conclusive upon his subor-
dinatss and other departments Of the govern
Dent 60 long as the statutes remsined iu
force. The only question in connection with
it which could be judicislly examined re-
lstes te the power OF Congress 10 confer upon
him the authority under which he acted.
The doctrine is now settled that the courts
will not interfere BY mandsmus or injuno-
ton with an executive department in the
discharge OF it's duties uuless they are of
character purely ministerial and involve no
exercise Of discretion or judgment.
A subsequent order OF P0stm lsteI q snerSl
Key il in these words:
PosToFFIcE DEPARTMENT,
WAsHINGroN, February n 1850
SIR-On the l3 IN of November, 1879, is
sued an order, addressed 10 you, fofbidding
the payment of any postal money order to
NJ. A. Dauphiu, and the return OF all regis-
tered letters addressed TO him to the post
N asters at whose offices they were mailed.
This party haviog brought suit agains; me
to epioin the performance oil this order, &C 1
having appealed the same TO the Supreme
Court of the United s aies, and having this
day presen.ed the cert fc iie of The Governor
and State oficers of Louisiana that he hiss
complied with all The legal requirements oil
that State, and other evidence, and not biog
satisfied from the evidence submitted to me
that said Dauphin is engaged in conducting
a scheme or device Tor obtaining money
through the mails by means OF false and
fraudulent pretenses and promises, hereby
authorize and direct the suspension OF the
order of Move m5er Is, 1879, so lar as relates
to said Dauphin, until rhs case shall have
been heard and determined by the Snpreme
Court of the United S,des.
d. NJ key Postmaster General.
To the Postmaster al New Orleans
II appears by fhe recitlls that suit h sd
been brought to epjoin the execution OF The
frsl order, and fhat complainant hsd ap-
pezled the Case to the Supreme Court OF the
United States. The decree, therefore, IN the
court of original jurisdiction was adverse 10
him, and tbe Postmaster General consented
to temporary suspension of the order until
the cAse should shave been beard and deter
mined" by The tribunal OF last resort. The
peevieas order was not revoked or cancelled
III such had been theSintention of the Posl-
| mas,er-Generslsit would have been expressly
declared: IL was sinply, and iE&effect pro
| vided, test during, We pending appeal ths
execution OF tie preceding order should b:
suspended. The dismissal ofe.tfle sppeai
therefore, in vacation, by appellanl's conn.
sci, with the consent Of the Solicitor GenefAl
put an end to the suspension and restores