The times., 1898-01-01
Heath and Pradt Differ About the
Telegraph Suit Settlement.
MADE NO RECOMMENDATION
The First Assistant Postmaster tieT-
.eraI Sure the Present Department
Offered No Advice, While the
Attorney Has said That Ii Did
Mr.. Heath Questioned.


Postmt ster General, the more evident IL
becomes that it would have been much better
for the Government and its officials II the
court h9 d been permitted ia dispose of tae
case.
The details OF how this suit was compro-
missed by Assistant Attorney General Pradt
for S2aS, ,S69.S4 was exclusively pub
ushed ia fun i'm The Times last Sunday, and
the information thus made public for the
first me created something like sensa
tion in the Department of Justice and the
Postoffice Department.
In connection with the history of the
curious settlement of tfe case were pIo-
Iisheti statements of John c. Fay, attorney
for the telegraph company, aud Louis a.
Pradt Assistant Attorney General )f tie
Government An interview with FIRST
Assistant Postma ster General Perry Hea, Ii
would also have been published at nat
time but Mr.. Heath was out OF the city aud
conld not he seen by Times reporter
then. He was called ON vest ertiay, iow-
ever and asked for his opinion as 20 the
adyisabilitv of having settled the case odt
of court. Gel Heath replied;
Il haG nothing to do with settling the
case / was simply called upon 10 asFcr-
tain the difference in the rates for tc!e-
craph sery ice fixed by Mr.. Wanama Ser nj
the rates paid hv the sui Sequen; Admi is-
tratious. Tins | did. and | made a reEort
to that effect / did rot pass on the hw,
equity or justice OF the claim and made 70
recommendations Neither did Postmaster
General ar make any recommendations
hrf no \ "
the correctness of my report as to the Gif-
ference between the Wanama ker and BIZ
sell rates.
Then the Postoffice Department Old
not recon mend that the case be settled
instead Of waiting for the verdict in the
court OF claims?"
ut certainly did not answered Gen.
Heath The present Postoffice Depart
ment made no recomme ndstions in this
case. whatever.
do You think the case should nave
been settled out OF clurt?''
II do lot care to express any opinion
as to that 1t is sonnet hing that was rot
called upon TO determine. and. therefore,
do not fee rs if should give expression
To my opinion
In the il terview with Assistant Attorney
beielai pupstSltt'l III Hc uaiSS
last SUNDAY, Mr.. PTalt says
After his tGen. Heath'si report was
made this department addressed IN in
quiry to the Postmaster General 80 ascer-
tain il the report was satisfactory 80 him,
and whether or not the case OF the est
office Department should be contested
The Postmaster General. Mr.. Gary, re-
piled that the report was 81 atisfactory. ond
that he had no desire To have it con
| tested
Gen. Heath'S attention was called 70 this
! fact by The Times reporter and he denied
! that Postmaster General Gary had recon
/ mended that the suit should not he con
/ tested. He reiterated that all Gen. cary
/ had said was that lie was satisfied with
the correctness of Gen. Heath's report, and
| that such statement was on file in the
| court OF claims.
In an effort 10 fix the responsibility
/ on the Pustoffice Department for the set
| tlement of the telegraph company's cIaii.,
! Mr.. PTadt, in the interview referred 10,
said:
The suit brought by the company was
regarded by this department as depending
largely, if not wholly Oh the desires and
wishes of the Ppstoffice Department, and
the Postofiice Department did not te-
sire to have the question Of unlirI:ted
discretion OF the Postmaster General dis
| posed OF at this time, and satisfied that
| the report was Just, a stipulation ;or
| Judgment was made, Feciting all these
| facts, according t. the report. and pfo-
| Wiling that the disposition Of the case
should be without prejudice to the Gov
ernment to at any time raise the legal
| question Involved" ;"
There is a wide difference hetween the
carefully dictated interview of Mr.. pradt
| and the interview Of Gen. Heath. Mfr
! Pradt was certain that Gen. Gary hat
recommended that the suit should not he
Contested, and Gen. Heath was equally
positive that Gen. Gary made no such
recommendation. Neither, however, at
tempted To deny that Mr.. Risse, recon-
meDded that the suit be settled, for such
| Recommendation is set forth in the stipu-
| lation for judgment, signed by Mr.. r-adt
! and john c. Fay. The stipulation reads
as follows:
In the court OF claims. The Western
Union N, Teilsgraph ia;i Company, claimant f 7,
Whereas, about the 9th do Y Of March,
| 1894, during the pendency OF this suit
| an agleemcnt was made between the
lnJed states, tErOuEn 1tS BOStnla iter
General, AMI the claimant. that the rates
for teloslaphing for the United States
! hereafte, referred to, should be accepted
by the claimant for services rendered for
| the ensuing yesr, provided the same rate!
were aiIov ed for the period embraced In
this suit. and whereas the Hon. w. s.
| nissell, Postma ster General, on the 9th
day of March, 1894. certified to the At
turney General that sai id rates We're reason
| able and just, and by agreement between
the claimant and the United States, this
cause was referred to have ascertaine'i
| the amount that would become due at
the rates set cut in the orders of the Hon.
| Postmaster General W. s. BSscil and Hon.
| ]. Stei ling Morton: and whereas Percy Z.
| Heath, esd. sole referee. filed herein on
| the Is day Of September, 1897, his re-
port, certifying that there was due TO
| the Cirimant, under said order of
| reference the sum of two hundred and
| fifty-eigft thousand, eight hundred and
| sixtI-nine dollars and eighty four cents
| {S259, SEQ. 81 and whereas the Hon. .idmes
A. Garv. us tnaster General. ha S certified
! that SAID SUM is red soma BILE and Just and
! that the PUstoffice Department does not
question its correctness.
1t is. therefore, stipulated and agreed
| that the report Of said referee be confirmed
| be entered in favor OF the claimant.
| Aud it is furtter stipulated that such
Judgment shall not in any way estop uI
| har the nited states in any subsequent
! suit. should any be brought with referen %
| 10 am other telegrarhic service. from con
! tending q! pleading that the action OF the
| Postmaster General in fixing rates for tele
| graphic service rendered the United States
| was. or is, irreviewable by the judiciary