The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-11-07

fenders OF BARTLETT go further and assert
that the contract was on Its face private
business matter. they insult the intelligence
| OF their readers.
When Republican lawyers like Col. GEORGE
BLISS and Mr.. ELIHU RooT argue that be-
cause Mr.. BARTLETT was not supposed to
| have information In 1870 that Secretary
| BE1KNAP was a rascal no had no means OF
ascertaining that the contract he drew
was not an innocent. everyday affair
OF legal and proper business. we pre-
fer TO believe that those astute gentlemen
know better. The paper drawn by BART
LETT fairly reeks with bribery and corrup-
ton. Col. Bliss. for one, Is reported as de-
claring that you might as we'll attack
lawyer who draws articles OF partnership
for legal and proper business because one
or both Of the parties subsequently COM
mits some illegality." The illegality in this
case was not subsequent to the MARSH
EVANS agreement. 1t was contemporary
with 1t. and involved In 1t; and 1t was pat
ent In the terms OF that agreement. Let
us suppose that MARSH had gone to Col.
GEORGE BLISS. instead Of to EDWARD 7.
BARTLETT, for legal advice and assistance in
concluding In behalf OF himself and the
Secretary Of War the sale OF post trader
ship. What facts would have presented
themselves with lightninglike rapidity to
the acute mind OF the Colonel
He would have looked first for the law
governing appointments to post trader
ships. He would have found the statute
quoted above by the Times. vesting these
lucrative appointments In the Secretary Of
War. Col. BLISS would have discovered
also that this statute had been in existence
only fep tDeeks. Previously tho power OF
appointment had been with the General OF
the Army technically, and practically with
the post council OF administration. The
change OF law which put this vast patron
age and power OF dishonest self-enrichment
in the hands OF the Secretary had been
adopted by Congress only In the July pre-
vious, and at the recommendation of the Sec
rotary. On making this discovery Col.
BLISS would have calculated " Humph!
Then the Colonel. scrutlnizing the trans
action which he was invited to put in legal
form. would have discovered at glance
that 1t was nothing more or less than the
corrupt sale OF one OF the lucrative appoint
ments SO recently vested in the Secretary
OF War upon the Secretary's own recon-
would not have been two seconds in grasp
ing the essential facts. EVANS had already
been the post trader at Fort Sill. where he
had established valuable plant and built
up a paying trade. MARSH. a partner In
furniture mandatory in New York, with
no more idea Of going to the frontier and
embarking in the grocery and sutlery
business than he had of going to the
moon. held from the Secretary the appoint
ment. or promise Of the appointment, to
EvANs's place. The proposed contract was
not q partnership agreement by which
EVANS and MARSH were to carry on the
business Jointly. 1t was not sale OF plant
and good will by EVANS to MARSH as his
successor. 1t was clearly and simply the
sale by MARSH to EVANS OF the official sig
nature of the Secretary Of War. represent
ing interests SO valuable that EVANS was
ready to pay at the rate Of $4,000 a
year to obtain the privilege Of continuing
the business which he had established at
Fort Sill. Neither Col. BLISS nor Mr.. ELIHU
Roof. nor, again. any other lawyer with
sufficient acumen to distinguish legitimate
business from bribery and blackmail. could
have put an innocent construction on the
transaction which he was asked to facilitate
professionally.
"Humph" the Colonel would have said.
II don't quite like to touch this. Gentle |
men. you had better go to another shop"
That Is what Col. BLISS would have said,
for he is knowing and smart. What the |
Republican candidate for Judge OF the |
Court Of Appeals did was to draw the paper |
and to pocket the fee.