The sun., 1892-12-01
FOSTER REPLIES TO FITCH,
BE Denies that Davenport's Accounts Have
Been Allowed nnd Paid in the Dark.

WASHINGTON. Now 3O.--Secretary Of the
Treasury Foster to-day sent q letter to Con-
r-cssmun Fitch Of New YORK.. Chairman OF the
committee Investigating the work Of the Fed
erul Election laws. 1t is part Of tho cor
ro.pondcnrc that has been in progress for
hl.Ie tGys over the examination OF tho a"-
counts Of Chief Supervisor John |. Davenport
a New York city. The Secretary says he does
not desire 10 continue thr CORES spondcnce now
that they quite understand each other on
tie law in question He takes it that
Mr. Fitch is satisfied that ho has II
right to appear in court when Mr.
Davenport presents his accounts. and resist
their allowance II any Illegal charges are made
therein against the United States: also, that
Mr. Fitch is equally well satisfied that unler
the railing Of the supreme Court in tho Jones
ease. there is n least serious doubt about tho
right OF tho Treasury Department to review
sach accoHnts after they have been allowed by
tho Circuit Court. except in caso OF clear and
uneIpiNOcal mistake. He adds:
vnder such circumstances respectfully submit .ha.
IL tho part Of prudence amt wisdom reso;t TO tho
courts in the rs' instance IT, after the hearing you
shAl! ea Of the opinion that further inquiry lie.
m"nhei or r-auired to project tho vn.iei states will
Listen 81 " g7ea' pleasure 10 any sIggesons You may
ace Il, 10 ahe looking t" ha, end. and the end that
ANY further relief ma. shah be III my powcr may be
granted
You seek 20 convex tho idea ,hnt Il the rr,cics
. 'Hl' dcIH"meat 10 investigate cases u, y ~ and
reach conclusion different troIa the one fnun lv IN,
coFt Sn'h rs not the arhctr', 0ul II II wrrs re.
tpectluIy sGAni that II woUl NOT be authorize lv
law. As stated by Mr.. Farrell. Mr. nayennort when
he presents his accounts for payment does pro uc hi,
bOoAs. papers, and vouchers the end that the a..
mands may be examined and srrutiui2ei by IN.
accounting OF GERS before payment. TO tho end
that II The accounts or any part thereof contain
clear Pnd unegnvocal proof Of mistake on III.
Idi ~ tile COURT that such Item items may ue III =
allowed such examinations are made by cxuer,
rrH!s ami IL is dlnCu!t hO any one from <.
N'r. ur rscwlcre could shed mach :i:Lt on .rrs
81 inqnIy, even IT the law permitted hrs mes
en- an! invited his assistance. No item NJ Nou " i.
.hnar van os d,sallowei in the absence OF clear nj
h'G'o'a! proof oI mistak' on the q. the COuri
-.r' pIonfi- not clear .Ed Turq uvoca!" IL seems
" IL t'.!ng ot the court Is 'conc!usye" On this
nN flr "" Government prot .cted bv hearings in
II uihe law seems ia regard as surie NJ
tnst nt"ynIe yn ," l"lr opinion. is insuicirnt .mggest
a., ow.r nn' '. attention nf the "nurt whirl ba
VI Irs,r. mae '" rnrr'cirn, or the department
Ihr ,Tl "h,'u htN Nrnn'rn N district ATTORNEYS io
>Grh .,s-t,t on ulighi r.sni, IN Iyrcat
mann.r M WIZ, ~ '."' As an not advised II the
s'rrinllr Ma oaurru'n, hlonrys examine and
"eEth ,hnnni Discus, thu Cr.tin VIII 'o's rem
have hcrroi're sS' nay a." h,ruun's OF Mr. Davenport
70 without tounis So FAR az, 81 Inh IN me nark y
Aen, ih' rY !"nae wa, hrt I'm II, W W ,h tmts 10
nthe law VIII permit ' ''a ms department
WIN renewed dy" ,..'e.I "e,r"'aTy Foster says:
your committee a. tur assl.,.,,, "an rhh ynn ana
"''F pHe respectfully Yours
N'N'its FOSTER, Secretary