New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-09-07
PLAIN WORDS TO THE POSTMASTER

JUDGE LNCONPr'S COMMENTS on ms fOECIBLE
E\TEA INTo MR. DNvr\"ogT's ROOMS.
lohn Davenport chief Federal Supervisor OF
Elections yesterday applied 10 the United States
circuit court. Of which he * an officer, FOR an
order placing him in possession Of his rooms in
the Federal Building. Postmaster Dayton IA In
chars. Of them now Joseph NJ DEUEL. appeared
in behalf Of Mr.. davenport before Iudg" r. Henry
lacombe Mr Deuel. explained that August
- Mr.. Dayton ordered Mr.. Davenport TO remove
his records from the rooms by september l. This
vas a physical impOssbIlity. ~ there were 10000
books Mr. Dayton had taken forcible possession
81 the rooms. and had given notice that unless
ttes,. records were removed by September he
would remove them himself Mr.. Deuel. sa/ that
the Chirf Supervisor an officer of the court
4nd his books were part OF It's records. The law
YER asked that Mr.. Dayton b. compelled ~ show
causr why he should not Dr. ndiulged guilty Of con-
tempt. Judge i.dcOnbr said.
Il should be- uath 10 grant a restraining ORDER
At this stage against officers Of The Government.
would make an Order To show cdus~. r-tutnabl-
at the next motion day. and you can serve the
papers upon Mr. Dayton. Presumably h. will
forward them to Washington Evidently there
must be- some Interpretation there Of the situ-
alton. II. claims to be- acting under the authority
~ IN. Secretary OF the Treasury. and II is hardly
probable that the secretary has. without any
hearing. directed the custodian To Dust the court
or remove its records from the proper place.
Presumably he has not been FULLY advised of all the
circumstances. We all know that the Pos tmaster
il crarnped for room. and IL extremely anxious In
get better accommodations. and II il only fair to
assume tina, he simply stated his side OF the situa-
ton at Washington. II * also fact that the
court is already much embarrassed Tor room 10
discharge it's functions and to keep its records.
There are occasions now when one available judge
cannot sit, simply for the lack Of rooms FOR us all
to sit in.
II do not think il Is at all likely that the Treasury
Department, contrinpdtes any interference with
the occupancy of rooms required by the courts
Neither can | assume that Mr. Dayton VINO Is Il
lawyer and a business man and II gentleman oil
experience. Is going put the records Whatever
ne does with them. in any such shape or coh"itioh
that they are liable be lost OF dissipat"d OF u"-
stroyed % put out oi the way They are saie III
the rooms now. II he should take them from
those rooms he will probably take very soou care
OF them II the matter II allowed To wait lor sopeT
second thought and for examination IN Nnshins-
ton as 10 all facts Of the case, THINK IL VIII lihht
itself without the courts action II you WIN d'ri
the phra seootsy of the order To an oruei 10 S,oM
cause, retuTnablr the 10Th OF ''epte, 'i s,
why The custodian should not br enJ'lnrs' ,,ohi
interfering with the chief Supervisor Oh i,eC-
tions and his subor'linntcs in their occup''i'i
of the rooms and In their custody "i "'e pa
prrs there | viii make that order NJ D,,,o
This order was accordingly entered MI. DaS ""
has Withdrawn lis watchmen from thr 'oo'"''