The Portland daily press., 1883-07-26

ed to the Postmaster General the certif-
cate of the Governor and State officers of
the State of Louisiana, that he has complied
with the legal requirements of that State
and also other evidence, and the Postmaster
| General not being satisfied from the evil
dence submitted to him, that the said M. A.
Dauphin is engaged in conducting scheme
or device for obtaining money through the
| mails by means of false and fraudulent pre-
lenses, representations and promises, the
order OF November 10, 1879, is declared to
be suspended, 50 far as relates to the said
Dauphin, until the case shall have been
heard and determined by the Supreme Court
OF the United States.
am advised that the originM order of No
vember 10, 1879, was enforced according to
its terms and intent, until the order of sus-
pension was issued, since which time it has
not been enforced.
The appeal, as l am to-day advised, has
| been dismissed under the 2Sth rule of the
| Sapreme Court, by agreement of the attor-
ney for the appellant and the Attorneys Gem
| eral of the United States, The dismissal
occurred duringthe incumbency of my i'm
mediate official predecessor, aud no action
| was taken thereon, nor am advised that he
was informed of the agreement to dismiss
The case has not "been heard and deter
mined 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 l 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 bjection which is conclu-
sive against the adoption of such a course.
The law only authorizes such an order to
be in force when the Postmaster General
acts upon evidence satisfactory to him that
any person is engaged in conducting any
fraudulent lottery, gift enterprise, or scheme
Tor the distribution of money, or of any real
or personal property by lot chance, or draw
ing of any kind, or in conducting any other
scheme or device for obtaining money
through the mails by means of false or
fraudulent pretenses, representations, or
promises"
Now, the order of suspension states as a
reason for it issuance the fact of: The Post
master General mot being satisfied from the
evidence submitted to him, that said NJ. A.
Dauphin is engaged in conducting scheme
or device for obtaining money through the
mails by means OF false and fraudulent pre-
lenses, representations. and promises,n the
ground stated for issuing the order original
ly.
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.
Under this state Of facts Thaue not taken
any action in the premises. No proof has
been submitted to the Department since the
order Of suspension tending to establish the
fact that II. 4. DauphiR is engaged in co.,
dactfng any scheme that aoould bring him
acithin the contemplation Of the statute.
My answer to the Resolution of the House
OF Representatives has been as complete as
the record of the Department authorize.
and. | believe, is full response to the in
quiries. Although not matter of record.
1t is understood that the dismissal of the ap-
peal of Mr.. Dauphin, while entered of rec
ord as by agreement, wonld have been rem
dered necessary, by the unexpected retir :
ment of Postmaster-General Key, which,
under the settled rule OF the Supreme Court.
prevented the prosecution of appeal that in
volved logically the possible exercise of
mandatory power upon one no longer in
office. Very respectfully.
(Signed,l t. O. HOWE,
PoStmGSter-G General