Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-10-09
DEBARRED ATTORNEYS.

Former Omcers or Employes Of De-
partments Ruled Out.
Washington, Oct. 7-The secretary Of
the interior has made q decision upon
the appeal of Luther Harrison, ex-
assistant commissioner of the land Office,
from the order of Commissioner Sparks
denying to him the right of practice as
an attorney before the interior depart
ment under the terms Of the act OF June
], 1872, which provides that it shall not
be lawful for any person appointed after
June l, 1872, as an officer, clerk or en-
ploye In any department to act as
counsel, attorney or agent for the
prosecution of any claim which was
pending in the department while he
was such officer, nor to aid in the prose-
cution of any such claim within two
years next after he shall have ceased to
be an officer or employer. In this ap-
peal Harmon held that the act be ap-
piled only to the prosecution of claims
for money; that 1t had no application
to practice before the land Office except
in cases involving the payment of mon
ey, and that in his case it had no ap-
pllcation whatever, because he was o
third class clerk at the date of the pas
sage of the act. He declared that his
employment was continuous till the
first instant by promotions which were
made by new appointments. In his op-
inion, after citing the act, the secretary
holds that it applies to all departments
and claims of evey class. Its design is
to elevate the public service 30 that it
may inspire public confidence. The
act plainly implies that it is not
suitable for an employe shortly
after his departure from ser
vice in the department to appear before
that department as prosecutor of claims
pending therein against the United
States while he was a member of it.
The principal servants IN the depart
ment, whether officers, clerks or en-
ployes, shall observe condition which
tends to hinder them from the appear.
ance OF being placed under suspicion
of having bad conflict between theiI
duties as officers or public agents and
as men, and as giving preference to the
past. For two years after their resig-
| nation or dimissai they are disabled for
the prosecution of claims against the
United States. The secretary also holds
that cases prosecuted in the land Office
for claims to title are not exempt from
the operations of the act, and he points
ont how an employe, if so disposed
might abuse his opportunities while
in the department to profit,
as for instance to use his
time not in speedy and Just
settlement of claims against the gov.
ernment during his term of Office, but in
preventing such settlement and putting
them in such shape as to enable him
to reach a handsome profit by their un-
Just settlement after his term of Office
shall have expired.
In conclusion the secretary holds that
the act also applies to persons like Har.
rlson who, although in Office at tho date
of the passage of The act, received new
appointments or commissions since that
date, or who have been nominated by
the president and confirmed by the sen.
ate. This opinion applies to all persons
who have either resigned or been dis.
missed from any department during the
present administration, and is heavy
blow to great number of persons who
have embarked in the business of prose.
cutting CLAIMS before the departments
1t was adopted after consideration in
the cabinet, and it il to be presumed
will afford . precedent for other cabinet
officers in regulating practice before
their departments.