The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-05-08
F0RTY-EIGHTH CONGRESS-,
SENATE.

Washington, THE following
bills were Refereed
Edmunds, bill to place y, s.
Grant, la General of toe Army IF
the United States upon the retireI
list of the army. In moving the
reference OF the bill TO the commit
tee on military affairs, Edmunds
commended 1t to the early con.idec
alton OF that com mittee for reasons
which he said every body under
stood.
Senator Pendleton will submit1 q
bill to establish consular and other
courts, and to define their jurisdic-
ton. HIS attention was called to-
day to the Associated Press dis
patches from Constantinople, stat
ing that the Ottoman Minister at
Washington had protested against
that bill, and that the Porte would
not recognize Americas views on
the subject he said he had not heard
of any protest, and that if one had
been made, it was doubtless based
upon misrepresentation. The measure
was designed to secure to American
citizens everywhere trial of offenses
in accordance with the principles
which obtain at home, in place of
the present irregular and arbitrary
methods. He expressed the hope
that the bill which was on the
speakers table in the House, would
be- acted upon during the present
session, as its ina portance could not
be overeStlmated.
ingalls, to create the QIeiIete
land dis riot in Washington Terri
tory. Blair to provide for the adj
Justment of accounts Of labOrers,
wOrkmen, and mechanics, arising
under the eight hour law, Hill
addressed the Senate in relation to
bill to declare forfeiture of lands
granted the New Orleans,
Baton Rouge, and Vicksburg
Railroad Company. He said it was
fatal objection TO the professions
of the New Orleans Pacific Railway,
that it had not yet completed It's
line, and so far as known did not
propose 30 compl to its line to the
ea-'ern terminus of the Texas Pa
ci6c Railway, which was fixed by
The act of March 81. 1871. This at
tempted transfer was the first case
Of tee kind the legality of which
received the favorable opinion Of the
Acknowledgement. The opinion of
Attorney General Brewster in
its favor was not binding on
the Interior Department, and
not only so. but an executive
officer could not shield himself from
responsibility for his own acts, by
taking refuge behind the npiAion of
an attorney general. No law or
practice compelled the Secretary of
the Interior to accept the opinion of
Attorney General, and, in fact.
had no right to accept them, unless
satisfied with the correctness Of the
reasons upon which they were
based. They were no more
bound &C accept them, than clients
are to accept the views of lawy ers
whose advice they bought and paid
for. There was nothing judicial In
the functions Of giving opinions
which the Attorney General pos
sessed, and nothing judicial in the
manner in which the function was
exercised. He generally heard only
one side, and always acted upon
case made up for him to act upon.
IN this case the claim of the New
Orleans Pacific Company was
by elaborate briefs
and -guments from sstute,
and highly paid rails
road lawyers, D Ion, Green, Swayne
and Pierrspont, while the other
side, which was hat of the govern
ment and country, whose lands
were the przs in contryversy vas /
by nobody. The al !
torney generals mind might be con-
Quoted to an opposite conclusion if
ne had got at the facts from ver~
sions Of them given from both sides,
and if he had heard counsel em>
ployed by government, to look up
and present all presidents, cases,
principles and authorities, adverse
20 the pretensiens Of the New
Orleans Pacific railway. The at
5orney General was in the same IN
fortunate predicament in which
of the Senate
and House find themselves in