Savannah morning news. [volume] (Savannah) 1868-1887, 1885-10-10
ANorHHR PRECEDENT.

Following Immediately on in the same vol
ume IN the matter or che Central branch OF
the Union Pacific railway is the opinion by
solicitor General Phillips, with the note at
tached:
'rhe Attorney General previous to his ap-
pointment TO office had been employed as
counsel IN the above case for the railroad
company, ana for that reason took no Official
actton therein further than TO refer the mat
ter to the Solicitor General with & request to
answer the question submitted by the
secretary OF the Interior" (Ibd 607)
II may be noted here that in
this case OF the railroad company, as in the
Pan Electric Company, the disability or dis
quallncation was on account of having been
counsel for the railroad company, and felt
that he was disqualified from considering the
question submitted, and |. as counsel for the
Pan Electric Telephone Company, previous
to my appointment to Office, felt that | could
not consider the application or offer
10 make an application 10 me IN It's behalf.
THE LAWRENCE ExTRADITIoN CASE.
In the extradltion case of Lawrence rs
Opins., page 5l5l Solicitor General Phillips
gives the opinion, and a note is attached that
Mr.. PierrepOnt then Attorney General, had
been consulted previous % his appointment IN
behalf Of the petition, and he took no part in
consideration Of the subject In the same
volume, page 55T, in the matter Of the ocean
mail service solicitor General Phillips de-
liyers an opinion to the Postmaster General
and we nnd q note to 1t as follows: "phe At
torney General having been counsel for the
Pacific Mail steamship Company declined to
take any part in the consideration and decis-
Ion Of the case above stated
The action here noted OF the attorney Cen
eINl IS precisely what took in the matter Of
the offer TO make an application in behalf Of
the Pan Electric Telephone Company. Fur
ther on In the same volume, page $50, I'm the
matter OF the contract for ocean mail service,
solicitor General Phillips delivered another
opinion with exactly the same sort OF note at
HlNa hTafF l..
OF the precedents offered by this department,
and 1t Is not necessary to worry you with any
more.
The case to my mind IS perfectly clear that
J had no authority then to consider IL. My
disability still exists and If everything else
were removed, if | had given away or had
sold my stock. or had ceased by direct order
10 be Attorney for the company, the simple
fact that had once been counsel or had been
consulted in the interests OF the company
Offering to make the application, would dis
able or disqualify or incapaciate me from
acting in the premises. and took as thought
the most prudent course to have nothing to
do with 1t, as am still at the head OF this
Department. the Attorney General. For
these reasons disabled from interfering with
1t, the only course for me theu was not TO
touch 1t, and ii is the same thing now.
In answering to the question propOunded to
me at the cabinet meeting by yourself and
others ss TO the course OF procedure govern
ing such matters wish to say that there is
rule, but practice to have these questions
all referred before they are finally passed
upon here TO the department from which the
original transaction emanates.
MR.. GARLAND's COURSE.
There have been a few applications TO me
since have been Attorney General for the
use of the name of the United States TO test
patents for lands as well as patents for IN
sertions, and have had them in each case re-
ferred to the department, from which the par
ticular patent IS issued for information, and
for suggestions before I acted upon them f.
nally, not that suggestion or advice from
that Department would be binding or con-
elusive upon this, but FOR the sake Of a more
harmonious and regular administration OF al
fairs Of the Executive Department is this Gus
tom of practice observed. / do not say that
action could not be had by this Department
Independent Of this course, but in the few
cases that have been before me | have fol-
lowed this precedent and within the last four
days have done the same in an application
for the use of the name OF the United States TO
test tire patent for an invention.
Very Respectfully,
Your Obedicnt Servant,
A. II GARLAND,
for, E1.v,a aruI