Daily globe., 1883-07-09

that said Dauphin is engaged in conduct
ing scheme or device for obtaininp
money through TIE mails by means of
false and fraudulent pretensions and prom
ises L hereby authorize the suspension
of the order of November 13, 1879. so far
as relates to said Dauphin until the cases
shall have been heard and determined nv
the supreme court of the United States.
Signed D. M. KEY.
Postmaster General.
10 the postmaster of New Orleans.
1t appears by the recitals that a suit
had been brought to enioin the Eexecution
of the first order, and that the com plainant
had appealed the case to the supreme
court of the United States. The decree.
therefore, of the court in the original iu
risdiction was adverse to him and the post
master general consented to a temporary
suspension of that order until the case
should have been heard and determined
by the tribunal of last resort. The pre-
vious order was not revoked or cancelled.
If such had been the intention of the post
master general it would have been express
ly declared. Itwas simply in effect provided
that during the pending of the appeal the
execution of the preceding order should
be suspended The dismissal of the an
peal 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.
1t has been strenuously insisted that the
original order was not to be enforced un-
til the case to which the second order re-
fers should have been actually determined
by the supreme court.
cannot acquiesce IN this view, mas
much as complainants could at any time
by dismissing his appeal withdraw the
case from the determination of the court
The second order would thus at the option
OF The com pIain8nt have the effect of alb
5olute revocation of the preceding order,
while mere suspension of it was obvious
ly intended. There is no difference between
perpetual suspension and revocation. The
controlling, indeed only question in the
! case, was the constitutional power of con-
gress to enact the statute. Upon that
question have no doubt the supreme
court affirmed the constitutionality of the
act which declared mo letter or circular
concerning lotteries, so called gift con-
Germs, or other similar enterprises, shall be
carried in the mail" In view of this de-
cision that the constitu tionality of the act
Is applicable to this case can not be seri-
ously questioned. I have confined N.Y.
self to matters as they appear from the
records of the department. Something
was stated by the counsel representing the
parties in interest as to verbal agree
ments or understandings, but I have not
felt at liberty to consider any other facts
than such as the department records estab-
lish. The first order will therefore be ex-
ecuted as if the second had not been en-
tered.
THE BRITISH GOVERNMENT NOTIFIED.
The British govern ment have been no.
titled in accordance with a resolution of
congress, that certain articles of the treaty
of May, 1881, relating to the fishery ques-
tion terminate July 9, 1856
HOW THE CAPTURED APACHEs ARE TO BE DEALT
Secretary Teller, Secretary Lincoln, Gen
eral Crook and Price. commissioner of
Indian affairs, had conference at the war
department this afternoon in regard to the
disposition Of the captured Apache In
dians, when the folio owing agreement was
arrived at:
Memorandum Of result of conference
between the secretary of the interior and
commissioner of Indian affairs, secretary
of war and Bigadier General Crook, July
:, 1888.
In view Of the difficulties encountered in
making satisfactory disposition of the
Apache Indians recently captured by Gen.
Crook, under the existing methods of ad
ministration, it is determined by the secre-
tary of war and secretary OF the interior,
| after consideration, that the Apache In
dians recently captured by Gen Crook. and
! all such as may be hereafter captured, or
may surrender themselves to him, shall be
kept under the control of the war depart
ment, at such points on the San Carlos
reservation as may be determined by the
war department, but not at the agency.
without the consent of the Indian agent,
and are to be fed and cared for by the war
department until further orders. For the
greater security of the people of Arizona,
| and to secure peace, the war
department shall be entrusted with
the police control of all Indians on
the San Carlos reservation, and charged
with the duty of keeping peace on the res
! ervation, and preventing the Indians from
leaving it except with the consent of Gen.
Crook, or an officer authorized to act un-
der him. The war department shall protect
| the Indian agent in the discharge of his
duties as agent, which shall include the
ordinary duties of Indian agent, which
shall remain as heretofore, eot as to
keeping peace, administering justice and
Furnishing refractory Indians, all of which
shall be done by the war department as
above stated. (Signed.)
ROBERT I. LINCOLN, Secretary of War;
H. NJ. TELLER, Secretary of the Interior.
THE HITZ CASE
The criminal court to-day heard an ar
gument in the Hitz case involving a point
that will affect the pending case against
ex-senator Kellogg, which had been post
poned in order to allow its disposition,
as in the Kellogg case pleas of abatement
had been filed in the Hitz case, but they
are based upon decimetricallv opposite
grounds. so that if the court should decide
in favor of the government in the Hitz
case, and hold the point to be material, it
might result in the failure of the iDdict-
L'ent in the Kellogg case. The point in
question is whether the court committed
an error in filling vacancies in the grand
jury that returned these indictments in
these cases from the box instead of sum-
moning talesmeR. After hearing a long
nroYmant .Judna WvIia rosoruad