The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-29
The Majesty Of Law as Illustrated by
the Journey Of MIR. Purdy to Texas.

the Journey OF MIR. Purdy to Texas.
The Hon. MILTON d. PuRDY. who has
been spending at Brownsville this "A
OF peace on earth and good will to men,
is something more than an Assistant
Attorney General Of the United States.
He is the Assistant to the Attorney
General" which is a different thing.
There are six Assistant Attorney-Gener-
ais. There is only n Assistant to the
Attorney General, and MI. PURDY is he.
The duties of this important Federal
~jurisconsult are thus defined in the off,
cial compend:
" The Assistant to the Attorney General has spe-
cial charge Of all suits and other matters arising
under the Federal anti trust and interstate COM
merce laws. and performs such other duties as may
be required Of him by the Attorney General"
There is a statutory provision which
would probably be cited if anybody were
called upon TO justify the present mission
of Mr.. PURDY in Texas:
e SECTION ss7.-whenevsr a question of Law
arises In the administration of the Department OF
, War or the Department OF the Navy, the cogni-
nance of which Is not given by statute to some other
ofnccr from whom the head OF the department may
require advice. IL shall be sent to the Attorney
General, to be by him referred TO the proper onncer
In his department, or otherwise disposed Of as he
may deem proper.
SECTION S5s.-Any question of law.submltted to
the Attorney General for his opinion. except aues-
tons involving q construction Of the Constitution
Of the United States, may be by him referred to
such Of his subordinates az he may deem appro-
pirate, and hs may require the written opinion
thereon OF tho onncer 70 whom the same may be
referred. II the opinion given by such ofncer 10
approved by the Attorney-G General such approval
Endorsed thereon shall give the opinion the Same
force and effect as belong to tho opinions Of the
Attorney General
The lawful process, therefore, leading
to the legitimate activity Of Mr.. PURDY
In Texas with reference to the Browns
vile affair would be this: A question of
law arises in the administration Of the
War Department. The Secretary Of War,
In looking for legal advice, discovers
that the statutes give to no other
officer than the Attorney-Gener the
cognixance Of this particular question Of
law The Secretary Of War, therefore,
under Section 357 Of the Revised Statutes,
submits the question of law to the learned
Attorney-Ge General. The learned Attor-
ney-General, being occupied with bis
physical and moral preparations for early
ascent to the bench Of the Supreme
Court Of the United States, consults Sec
ton s6s Of the Revised Statutes and then
refers tho question Of law to the subordi-
nate whom he deems appropriate. namely,
In this case, Mr., PURDY, the Assistant
to the Attorney-G General. Although the
question Of law relating to the Browns
vile affair has nothing whatever TO do
with Mr.. PURDY's special province as
connoisseur Of antitrust and interstate
commerce litigation, it clearly ONE
within the description, such other
duties as may DO required Of him by the
Attorney-General, and consequently is
q proper assignment. The Assistant to
tho Attorney-General ~thereupon goes
TO work, in Washington, in Texas. or
whithersoever his assigned task may
necessarily lead him, to investigate the
duly referred question Of law, and to
prepare the opinion, which, if approved
later and 90 Endorsed by the Attorney
General, shall have the same force and
effect as belong to the opinions Of the
Attorney-G General himself, when rendered
for the information and guidance Of the
blur soldiers and downright m~ilitarians
In the Department Of War.
We have been at pains to describe
every step Of the lawful process provided
by tho statutes to set Mr.. PURDY a-going.
Although the foregoing programme occu-
pies considerable space, there is no red
tape or circumlocution in the business.
Il Is a beautiful illustration of the COM
pick but orderly sequence Of functional
activity in the various branches OF the
executive department., designed by the
trainers Of the Constitution and the leg
islators under the Constitution 10 provide
wae. 49, F.H