Year: 1874

TWO FUNCTIONS TO PERFORM.


viii state very briefly that have two functions To
perform. The first class of duties IL statutory snch dn-
ties the law imposes me under the act creating
the Office. These duties in certain sense. original
just as much so as the duties OF the Secretary of the
Treasury. other bureaus in the Treasury
are original. 1 conduct them in my own way
carry on the correspondence over my own
signature. All that class OF business |
am absolutely responsible for under the law and for
everything which do Of that nature intend to assume
the responsibility to the fullest extent, whether am
able give the fullest consideration TO every question
presented to me After have signed any com
muncaton any matter Of business always propose
stand by what have done. If IL has been done inn
perfectly or ignorantly, 1 shall be always sure
to admit IL so far, in reference to what l
term the original functions of my office. Under the
law creating the Office there ia or has grown up to be
another large and important function in connection
with that Office 1t is inherent In the very nature OF
things that has become advisory Office TO the Sec
retary OF the Treasury. 1 not only what the law
makes me- but am, whoever holds my office is. an
attorney in a certain for the Treasury Department
He is the adviser all sorts Of questions that may
be submitted TO him; hence I have TO say
that when to that class Of subjects can, a' s
apparent TO every one initiate nothing know moth
ing in connection with the business proper OF the Treas
ury Department until it comes to until 1t is referred
q
happens, verbal communication from the Secretary OF
the Treasury. In regard TO all that class or
business 1t is also apparent, l think, that by
virtue OF my position, have determinae authority
whatsoever have nothing but an advisory power IL
for to determine what shall be done on any
particular question. simply NAV advise, If am asked
for advice The Secretary may act opinion. or he
may not. He sometimes does, al he sometimes does
not.


CONSULTATIONS REGARDING THE CONTRACTS.


In regard to legal papers such are inyoyed in this
matter now under consideration, my relation TO the
matter has been simply that Of an attorney stated
when here the other day the fun extent Of the re-
sponsbility which 1 had, and which was willing TO
share with the officers OF the Treasury Department In
regard that matter did state that when the matter
was first presented talked it in more or less
formal manner with Mr. Richardson; that is, IL was
made matter not, perhaps, OF very serious or formal
consultation But 1t was talked over between u.s. and
have no doubt although the fact is not impressed on my
mind with any disnctness, that in all human probability
did concur far then knew about the matter IN
the method and plans adopted to carry out this con-
tract system. That however, done wholly and abb
soutey with reference to the first case the Of Mr.
Kelsey In reference that contract, after this con-
sultaon was had and after Mr. Kelsey had come to an
arrangement with Mr.. Boutwell,, who was then seore-
tary the papers TO with directions TO prepare
contract in accordance with the views which we had
expressed to each other IN relation TO IT, My impression
is that Mr.. Kelsey had drawn and presented to us
form Of contract which he wished 10 have adopted
That form Of contract laid aside and prepared
one of our own. had nothing whatever to- with tho
contract in the case Of Mr. Kelsey beyond what have
stated.


In relation to the contract with Mr.. sanbOrn have
simply this to says The first was not made in refer
ence to what denominated whisky cases. do reco-
lect having some conversation with Mr. Bout
well in reference TO the propriey of making
those cases the subject OF contract. 1t was
informal like the other consultation, for we probably
ridicued the idea that anything could be recovered
from that sort OF thing at the time expressed
Willingness to have them embraced in the contract 30
far as was concerned. have already given to the
Committee my reasons for dong so,
and / will not now repeat them. These were
very old matters, and did not think that anything
would come out Of them. never know
OF Mr. sanborns claim OF his papers asking for con-
tract until they were me- until was sent for
to 20 TO Secresrys to take the papers VIII
verbal instructions to prepare the contracts ne desired


The Chairman-InsiructOns from whom


Mr. Banfed-From the Secretary Of the Treasury him
self Judge Richardson. l think he was acting as Bee
retary the first contract was made with Mr. San
born in relation to legacy and succession taxes and he
had become Secretary when the other one was made.
These papers, say came to me originally In any
way They were not presented TO me. Mr.. Sanborn
never came me until he came to urge me up TO
prepare the tpapers and to have the contract made
That is true in regard to all OF the sanborn contracts In
reference to the last contract with Mr Clark have TINS
to say and happens to be confirmed by the record In
this book The fact that was absent from the city
on my Summer vacation is not stated in
the book, but that is so. The application
OF Mr. Clark came the office OF the Solicitor OF the
Treasury with this Endorsement Referred TO tho So


cor OF the Treasury with directions TO prepare the
contract and send for Mr. Clark to and execute the
same" Mr.. Robinson the Assistant Solicitor was then
in charge OF the office He tells me the contract came
down in connection with the application prepared,
and that he either rcdrew or compared IL with the


form Of contract which had been adopted with reference


20 these cases. and it executed and signed aud II
knew that the contract had been made until the


omplaiuts made by Mr.. Lppincott and Mr.. York IN
reference the way that he conducting the busi-
ness were referred to my office. That is the fact in
gard to my responsibility and my relation 10 this busi-





INSTRUCTIONS REGARDING THE PREPARATION OF


DOCUMENTS.


Iwin say, further, that never have prepared any
paper be 1t a contract be IL letter, involving the
Secretary OF the Treasury, except by his direction,
either written or verbal


Mr. Niblack-Or the direction OF his Assistants


Mr. Banfeld-Or OF his assistant, Of II is i'm
possible that should do in the nature and course Of
the business unless IL can De
OF the powers Of the Department which think am
not Every one these letters been prepared in
that way, and Of course have to prepare great
many that bear the signature Of the Secretary
That inevitable in OF business there but never
know what letter he wants written until he tells
what he wants. and then is prepared the best


I will add word in regard to the matter OF
routine, of which much is said Ny Office Is
not @ branch of the secretarys Office in the
ordinary sense OF the word 1t is not division in the
secretary's office. am not under his orders. do not
take charge OF the ordinary routine business Of the
Treasury Department Nothing comes TO me from the