Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-02-28

RAkrNEST WHICH CAUSED THE DAMAsE-ISFLu
ESei<e CLAIMANTS TO RKPUDIATE CONTACTS
Harvey Spalding, by Mr.. westel willoughby
mas Med on the law side Of the District court
two suits; one against Hon. W. F. Villas. for
merry Postmsster-Gsneral and one against Hon
Don NJ Dickinson. the present incumbent
each for 100000 damages
The plaintiff, who is a practicing attorney
states that the frst-named Postmaster
General from March, 1885, to January 10, 1888
and the last-named since that date; that in 1871
he was employed by a considerable number OF
persons who had been and were postmasters al
different times. TO obtain a review and read
Justment Of their salaries in accordance with
an act of Congress OF June IL, 1886
which provided that when the quarterly re-
turns OF postmasters OF the third, fourth, and
nth classes showed that their salary allowed Il
ten per centum less than they would be on the
basis of commissions under the act of June 22d
1884. fixing their compensation, they would be
entitled to have their compensation reviewed
and eadjusted under the provisions of the act oil
1854. by reason of which a large number of such
pOstmasters had just and valid claims against
the United States. arising from such readjust-
ment. and large number of them entered into
written contracts with the plaintiff. employing
him and providing reasonable compensation
TO him for procuring the same. giving him
written powers Of attorney to act for them to
receive the drafts, &c.
HE FURTHER STATES
that upon making and fling the applications al
the Post-Ofhce department the same was denied
notwithstanding such act of Congress, where
upon he took measures to procure mandatory
Legislation by Congress and appropriations
necessary, pressing such legislation by all law
Jul means in his power in the Congresses from
1871 TO 1896, giving such efforts a great amount
of his time, and in the meantime procuring
similar contracts. ETC., from several thousand
postmasters, expending many thousands of dol
lars in
BUILDING UP BUSINESS
in the collection Of such claims, relying upon
the justice thereof, and finally obtaining the
passage of the act Of March 8, 1888, requiring
the Postmaster-General,u upon proper presenta-
ton of such claims, to compute and pay
the same; and act of July 2, 1884,
making appropriation to pay such claims, and
similar acts Of March 8, 1885, and August 4, 1886,
all of which were brought about through his
efforts. He further states that he proceeded
To make out the papers and proofs for the pre-
sentatiOn of these claims and commenced the
collection of the same. A large number prior
to March, 1886, were good and valid, but were
repudiated by the POst-Office department, and
the prosecution made more difficult by
the hostility Of persons managing the depart
ment.
INJURED IN HIS GOOD NAME.
D,
1856. he made application to the defendant,
Villas. in his capacity as Postmaster neral to
adjust such claims and to review and readjust
claims which had not been before presented.
which applications were refused, and an acri-
mOnious controversy ensued, and among other
things the defendant endeavored to obtain
legislation by Congress TO impair and destroy
his rights under the said contracts, in which.
however, he failed He charges that defendant
Villas. to further harass him and injure him in
his good name and in his bushes, with
out any good reason therefor, and with
obstacles to the collection of such
claims. and undertook to induce the clients of
plaintiff to repudiate their contracts with him.
and for such purpose and with such malicious
intent. caused the drafts for the payment of
such claims 10 be sent direct to the claimants
for the malicious purpose of causing the claim
ants 20 disregard the contracts they had made
with the plaintiff for fees, causing them to
believe that they were null and void. and that
the plaintiff had rendered no service; that he
was attempting falsely to claim for valuable
services rendered under said contracts falsely
claimed to be valid, and using his official
character for such purpose. He thus placed
plaintiff before the country as a common
swindler. and brought him into public scandal,
lnfamy and disgrace, and injured his business.
HOW 1T WAS DONE.
With each letter of transmittal of drafts he
caused TO be issued, and sent to great num-
Der of his clients in all parts of the country.
the following circular:
PosT-OFFICE DEPARTMENT.
OFFICE THIRD ASSISTANT p. NJ g.,
Division OF FINANCE.
WASHINGTON, ID. c.. ISS-,
SIR: Herewith enclosed You will find war
rant payable 10 your order for g. which is
in full liquidation of your claim for the bal
ance unpaid of the readjusted salary of -.
Postmaster at -. state of =.
T.. Y 4.
master-General TO advise you that III the act of
1888, which provided for readiustments of sal
airy. the Congress directed that all checks for
warrants should be made payable to the claim
ants and transmitted direct TO them; and that
in the appropriation and enactment on this
subject by Congress- copy of which is printed
At the foot OF this note-the direction was re-
pealed. This was done because mo attorneys
services were necessary to the presentation of
the claim before the Department. the Congress
desired all the proceeds to reach the person
really entitled thereto. After a claim OF this
character is fled IN the department its ex-
animation and the readjustment of the salary.
If found proper are made directly from the
books and papers in the department by its off,
GERS, and without further evidence.
You are further advised that by section 3477
Of the Revised Statutes, a copy OF which is also
printed at the foot Of this note, any transfer of
this claim or power-of-attorney for receiving
payment of this warrant is null and void.
Third Asst. Postmaster-General.
THE ATTORNEYS CLAIM.
This circular, the plaintiff SAYS, is false and
intended to deceive the claimants; they
were deceived He says the statement as to
the adjustment of claims from the books with
out further evidence. besides being untrue
was not required by law and was maliciously
intended TO cause the claimants to believe that
plaintiffs claim was false and fraudulent and
he charges that this statement was inserted for
no other purpose.
he charges that the reference TO section
34II was Tor the purpose of inducing the claim
ants 10 beheve that the contracts for fees were
nun and void, according to a pretended ruling.
while In truth and fact the section does not re-
fer to such contracts
de says the reference to the section was un-
necessary. malicious and without reasonable or
probable cause, and intended to deceive
the claimants and TO thereby induce them to
repudlate the contracts they had made with
the plaintiff. and they 50 understood the same
and did repudlate the contracts to plaintiff
great injury. he states that soon after COM
Elencing TO issue the said circulars the defend
ants attention was called to the injury il was
doing the plaintiffs business. and it was unjust
TO bin. but he continued TO send out such cir
eulars for no other purpose than to continue
said injury. In consequence OF such acts he
says, he has been put to great trouble and ex-
pense in enforcing the contracts; has lost the
beneht OF money at a loss of s25. 600, besides
injury to his good name and reputation S75 600
and therefore sues for @IO0 ON and costs