The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-07-23

OFFICE OF THE POsTMAsTER-G ENERAL
WASHINGTON, d. c., April 3, 1882.


Hon. !. W. Keifer, Speaker Of the House Of Repre-
sentatiyes:
SRI have the honor to acknowledge the re-
ceipt of the resolution adopted March 30. 1882,
directing me to inform the House of Representa-
tives "whether an order was issued by the Post
office Department fOroidGing the payment of
any postal money order, or the delivery OF any
registered letters, TO NJ. A. DJuphiu, or any 9th
agent of the Louisiana Lottery Company, and
directing the return of the same TO the pOstUhice
where first obtained or deposited; if said order
was issued has there been any enforcement
thereof, ana if so, for what period of time was 1t
enforced, and what was the character Of the en-
forcementf If such an order was issued, has
there been any subsequent order issued by the
POstotiice Department suspenilng the first
for what purp0set Is it operative now as the
rule Of the Department, and what are the limita-
lions affecting lt?'
In answer to such Resolution 7 inclose here
with copy of order by Hon. ID. N. Key,
Nov, Is, 1879 as Postmaster-gencla forbid
ding the delivery of Registered Letters and the
payment of Money Orders to NJ. A. Dauphin, NJ.
A. Dauphin Secretary. or NJ. A. Danphln, Post
office Box 692, New Orleans, La.
l also enclose a copy of another order issued
February 27, 1880, suspendinR this order for
the reason stated therein, that NJ A. Dauphin.
having brought suit against the Postmaster
general to eniOn the performance of the order
of November ID, 1879, and having appealed the
same to the Supreme Court of the United States,
and having, on the day of issuing the order of
suspension, presented TO the Postmaster-geueral
the certificate of the Governor and State officers
of the State of Louisiana, that he had complied
also other evidence. ana the PoRtmas ter general
not being satisfied from the evidence submitted
to him, that the said NJ. A Dauphin is engaged
in conducting a scheme or device for obtaining
money through the mails by means of false and
fraudulent pretenses, representations and
promises, the ordCr OF November ID, 1879, is
declared to he SUI pended, so far as relates to
the said Daupbin, ANN the case shall have been
heard and determin,. ~ the supreme Court of
the United States.
am advised that the original order of Novem-
Der Is, 1879, was enforced according TO its
terms and intent. un;il the order OF suspension
was issued, since which time 1t has not been en-
forced.
The appeal as am to-day advised, has been
dismissed under the 2Sth rule of the supreme
Court, by agreement of the attorney for the APP
nellanU and the AttOrney-general of the United
States. The dismissal occurred during the IN
cunbency of my immediate official predecessor.
and no action was taken thereon, nor am | adj
vised that he was informed OF the agreement to
dismiss,
The case has not "been heard and determines
by the Supreme Court of the United States" and
as the Attorney general OF the United States has
consented to a disposition of the appeal that
prevented such hearing and determination, am
not prepared to say, even If there were no other
question involved, that may now avail myself
OF the fact of the disposition made OF the appeal
| to put the order again in force.
| But there is an objection which is conclusive
| against the adoption OF such a course.
The law ouly authorizes such an order to he in
| force when the POstmaster-genrral acts ''upon
| evidence satisfactory to him that any person is
| engaged in conducting any fraudulent lottery,
| Gift enterprise scheme for the distribution pf
| money, of any real Or personal property, by
| lot chance, drawing OF any kind, or IN COu-
| duc.iug any other scheme or device for obtain
| ing money through the mails hy means of false
/ or fraudulent pretenses, representations. or
| promises"
Now, the order % Suspension states, n rea-
son for its Issuance, the fact Of the Postmaster
| general "n0t being satisfied, from the evidence
| submitted to him, that said VI. A. Dauphln Is
| engaged in conducting scheme or device for oh
tanning money through the mails by means of
false and fraudulent pretenses, roprtsentatio q,
and promises" the ground stated for issuing The
order originally.
| This statement not only in fact suspended the
| order, but admitted that the Postmaster general
had no longer power to keep such an order in
| force
! Urder this state OF facts have not taken any
| action in the premises, No proof hns been sub
| nitted to the department since tho order of sns.
| Dauphin ia engaged in conducting any scheme
! of the statute.
| NV answer TO the resolution Of the House nj
| Representatives has been as complete rs tho rec
ords Of the department authorize, and, believe
ia full response To the inquiries, Altnough NOT
Il matter of record 1t IA understood that the dis
miasal of the appeal Uf MIR. DaupEin, while on
! tered al record as by agr ement, would have
! been rendered necessary by the uneXpfctPd re
| tirement Of Postmast er-gruernl Key, which, mn
| der the aettted rule of tie supreme Court, pre-
! vented the prosecution Of appeal that involved
| logically the possible exercise of mandatory
| power upon one 10 longer In office. Very re
| spectfuly, [5ignedl 4. o. HOWE,
Postmaster general,