New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-24
JOHN I. DAvENPOKr's ACCOUNTS.
SECRETARY FOSTER GIVES SOME POINTS TO TIL

SECRETARY FOSTER GIVES SOME POINTS TO THE
INVE+TIGATING COMMITTEE.
Washington, Nov. 23-secretary Charles Foster has
written letter 70 Reprcsc ntatlve a. T. Fitch, chair
man Of the Congressional committee investigating
election methods in NcwYori, in regard to the ac-
counts OF John l. Davenport, chief supervisor OF cleo
tons In Ncw-lork in which he says:
In reply TO your communication o. the 2lst Inst,
nave The honor 10 say that Mr. John l. Davenport,
the chief Inspector Of elections for the southern Dis
u4ct OF Newlork, has not presented tue Treasury
Department his bills Tor services alleged 70 have lecn
rendered In the recent election, amounting to SGOO GOO
or any OTHER SUN. That he has demands against The
Government for services rendered at such election,
ana That he contcmpates presenting such demands
within reasonable time, entertain doubt. Your
request thlt, when such bills are presented. pay
meht be suspended until such time the committee
Of Congress Of which You are chairman can have an
opportunity TO verify and examine such accounts. l
fear cannot BE- granted within the law This seeming
hardship is happily relieved by the fact That in the
case OF chief supervisors of elections opportunity
to be heard IS given any interested citizen COM
mittee OF Congress before the account IS allowed.
The Revised statutes or the United acs Section $40
among other things, provides:
That the of district attorneys, clerks,
maTshas and commissioners of circuit courts shall be
examined and certified before they presented 10
the accounting officers Of the Treasury Department for
settlement TIL, section amended by the act Of
February -, 1875 10 stat. $3.50. which provides:
That proof 81 the correctness Of such accounts shall
thereafter be made in open court. in the presence Of
the district attorney or his sworn assistant
III what Is known the Conrad case, reported IN
10 FEDERAL Reporter" page cal, the court held
ti6t tie Provisions Of the statute amended 10y
tho act OF February D. 1870, extended 10 the ac-
counts Of Chief supervisors. You Will therefore sec
that before Mr.. Davcnports accounts can be sent
to THIS Department for payment they must lie pre-
sented TO the court in open court, when the district
attorney his assistant IS present 70 look alter the
Interests of the Government. and when tAcig correct
ness must be proved to tie satisfaction Of Tie cour
Tie statute further says: That 'thcrcupon itcg the
Acangl tie court shall TO De entered VI record
an order approving or disappearing the account, as
may lie according to law, and just
The accounts are required to be made out in du-
plicate and when tie action is lad by the court 1t IS
made the duty Of the clerk TO forward the original ac-
counts and vouchers to tie proper accounting officers
Of the Treasury, and to retain In his Office he clerk
ocel the duplicates where they shall be open 10 pub
lie Inspection At all times. doubt not II you VIII say
to M Mitchell the Di,tT!ctAtOncy FOR the southern
District Of Ncv-York, that You as a member Of Con
gress. as chairman Of a committee OF congress
desire to DC present and be heard when MI
Davenport'S accounts presented for consideration.
that he will chcerfuly give you tic proper notice and
tie proper opportunity to scrutinzc each item Of the
accounts and respectfully suggest that you take that
course. You VII observe that the statute Itself pro
v.des that duplicates filed with the clerk shall b.
open to public inspection al all times. l assume that
the object If presenting the accounts In open court IS
70 the end that the public may know what Is going
on and TO the further end that all persons IN Interest
may be heard If they so desire.
While the statute provides that nothing contained
In this act shall be deemed In any wise 70 diminish or
affect the right Of revision Of the accounts to which
the act applies by the accounting officers OF the treas
ury as exercised under the law now In force the
courts have uniformly held, and now hold, that such
revision shall not be- made in the absence OF clear and
uncquvocal proof Of mistake the pat Of The court
IN the case Of the United States Jones' reported In
1874 United States Supreme Court Reports, page 4o3
the court has given a construction 10 the act OF Icb
ruary o., 1879. above referred TO. IN that case MI
Justice Lamar speaking for the court, after stating
the facts, says
".A sufficient answer to this objection IS furnished
in the findings Of the court below that The account OF
the COMM sioncr for tho fees charged FOR the services
In question verified by oath and presented TO tho
United states Court Of which lie the commissioner,
In open court in the presence Of the district attorney
approved by the court and an order, approving the
same as being accordance with law and Just, was
rendered upon The records Of tho court The ap-
prevail Of a commissioners account by Circuit Court
Of the United STATE, under The act OF February ~
1875 rs stat a33. Is prime face evidence Of the
correctness OF the items that account; and In the
absence OF Gear and Iuivocal proof OF mistakes
on the part Of the court II should be conclusivc'
"Thl. opinion. YOU will observe, was rendered
I'm 1880 and you Will notice that when an account
Is presented, duly authenticated. payment must be
made on the finding 81 The court In the absence OF
clear and uneqvocal proof II ml AXE tie part OF The
court, When this opinion first promulgated Tie
language used bv Justice Lamar was deemed 50 en-
phatc that the Controller Of the Treasury issued
circular 10 the Judges Of the Circuit and District courts
of tho United States Inviting attention to the case.
and suggested the propncty OF closely scrutinizng
such accounts when presented. In the circular the
following language was used:
easel Il several courts, the prc-cnauOn Of accounts
IN favor OF Clerks marshaS, district attorneys United
states commissioners and chief supervisors Of cleo
lions, are respectfully requr. I'd 10 ave them NE
same scrutiny and Investigation as would BE- gwen
hearing. .
rhi.f supervisors are defined bv law. and Will be
found In section 2O1 Of the Revised Statutes. which
pies. see From the foregoing am led to conclude:
First That the act OF February 29. 1870. sup a. con
me acruracy Of accounts Of chief supervisors when
thev are presented for allowance. and that II Won
soc proper and desire 10 be heard on that question
YOU should De present at IA" hearing; ana second
,r conclusive that the Treasury Department. under
HE holding ~ Justice Lamar would not De- WARRANTED
in suspcndinc payment until your committee !as an
nnnnrtiinftv 70 verify and examine the accounts IN
ass some evidence Of fraud or clear and unednyocal
roof Of mistake. on The part Of the court j. pointed
ont BE assured however. that any courIcSN con
sstcnt with my duty unGer 'he M"' VIII " "a
tended TO your conlni''ee'
FOR DREDGING GOwANUS BAY.