The times., 1897-12-26

| settieHicHI dS d D..opeT. one 10
But that does mot sexplain why the
company should have been so anxious
10 settle and sacrifice more than a half
million OF dollars, If the company had n
good case
Yes; =. had good case said Nj.
| Fay, evasively, and after a few further
words Of o social character, the interview
| ended, and the representative of The
| Times was not made any wiser from it as
TO why Assistant Attorney General Pradt
failed To make the Courts responsible for
paying the claims of the telegraph com
pany, or why the company, if it had GER
| tain case, as IT professeG, should have
accepted $25s ,000 when it could haze
| obtained 100000. Perhaps Congress
may ascertain these facts when called
! upon to make an appropriation for the
| judgment filed by the consent Of Mr..
| Pradt.
When the stipulation was presented to
| the court properly signed, and the judges
| were Informed that the case had heen
| settled, an order was issued as follows:
| Assistant Attorney General Louis
| Pradt was visited by a Times repre-
| sentative, and asked to give his reasons
! for consentipg to settlement Of the
| case out of court, Instead of permitting
| the courts to decide the points at issue
| Mr.. Pratt, without hesitation, did so,
and in 50 Going cast the responsibility
| on the shoulders of the Postofice Depart
| .neut. He made no attempt 10 disguise
his contribut ion to the compromise of
| the case, which permitted the telegraph
company To- file a judgment for more
than S25S,0GO against the Government,
but explained that his acts Were almost
perfunctCrv, aliG that he merely was in
strumental in consiirnnating an arrange
ment that had already t:een effected by
the Postmaster General and the telegraph
company. MIR. PTadt said, among other
things:
Postmaster General Bissell, by letters
to this department, set fort h his sic VS. OF
the matter saying that he rates which
the telegraph company was willing TO
settle for were reasonable and Just. My
predecessor. Mr. Dodge, pursuant to that
correspondence and with view to ex-
pediting matters ente red into stipulation
for reference TO determine the amo INT OF
business the tele graph company had lone,
the referees 20 be paid by the claimant.
Under tha present administration by mutual
consent the refeteeS who had completed
their work, We're discharged and Terry
Heath, Fist Assistant Postma stcr Cen
eral, was agreed upon as sole referee TO
complete the work and make a report
After his report was made this depart
mentaddrcssed aninquiry to the Postml ster
General To ascertain if the report was
satisfaot0ir to him, and whether or not
the case of the Postoffice Department
should he contested. The Postmaster Cen
eral, Mr.. Gary. replied that the report was
satisfactory and that he had no desire
To have it contested.
The claim originally arose out Of Post
master General Wananlaker's action n re-
fusing t. fix rates tFat tie telegraph COM
pany considered r6asondfc, He insisted
th3t lie had the right to exercise discTc-
ton according to his views He fixed rate
Of one mill word which made IL impos-
si5le for the company TO perform the serv-
ice. The suit brought by the company was
regarded by this department as depending
largely, If lot wholly, on the desires and
wishes of the Post Office Department, aud
as the Post Office Department did n OF desire
to have the question OF unlimited discretion
of the Iostu aster GoBesIl disposed or at
this time. and Satisf led t.at the report vas
just, stipulation for judgment was made |
reciung all these facts according to the |
report and providing THAT the disposition |
of the case should be without rejudioc to |
The Government 10 at. any time raise the |
legal question involved.
II could not see how there was any hope |
10 sustain Mr.. Wanalnaker's Contention |
because ] did not think Ii was good law |
The claim OF tie telegraph company was |
u matter Of reasonabieneSs aud Justice |
and was SO considered by Postmaster GEN |
eral BisSell md others, and | did not see |
why the company should not get It's money
The settlement Of the case works Eo
injury III anyone. The Government simply
pays for the service it received | cid rot
see any way To win, and l felt it my duty
to do IS did ! do not fill n IICSlt.on
like that of ali attorney for "A aurpora-
tiun, wlu is expected To prev ent, if puSs -
bic, payment of just claims In my posi-
tion | am asked to state honest acts. |
and not To contest Just claims for the rur-
pose of settling a question Of law
DO youkuUw whether the Judges IN the
bench ever EXPIRE Ssed any opinion as to
the point at isNue-the right of the Post
master General to make arbitrary rates."
Mr.. PraGt was .led.
SO far Is lICw tfematter was never
discussed in oorit," Re TeLlied.
Mr.. Fay, the attorney for the corupa ny. II
bis interview, said that the Judges had
expressed opinions IA arorable to tie com
pany. Mr.. Pradt was asked what would
be done with the judgment for more
han quarter OF million dollars anl he
.eplied that the attorney for tie telegram
company Will lave it certified ana pre-
sented At the Treasury. There it VIII
lot he paId, because no arEroi ria ton eX-
sts for such expenditure, aud the Secrc-
AIRY of the Treasury will certify it to Com
sress, which will be asked to appropriate
'unds to "a tisfy tie Judgment