United States v. Odeneal

Decision Date14 February 1882
Citation10 F. 616
PartiesUNITED STATES v. ODENEAL.
CourtU.S. District Court — District of Oregon

Rufus Mallory, for plaintiff.

The defendant in propria persona.

DEADY D. J.

On March 12, 1872, the defendant, as superintendent of Indian affairs for Oregon, executed a bond to the plaintiff, in the penal sum of $100,000, conditioned that he would 'faithfully expend' and 'honestly account' for all public moneys that might come into his hands as such officer. In the first quarter of the year 1873 the defendant acting under this bond, paid out of the public moneys in his hands to C. P. Crandall, publisher of the Oregon Statesman for advertising for bids for Indian supplies, $61.36, and the Oregonian Publishing Company, the sum of $57.51, for a like service. In the examination of his accounts these items were disallowed by the second auditor, with the approbation of the second comptroller, upon the ground that 'no written authority of the honorable secretary of the interior is presented to comply with section 3828 of the Revised Statutes. ' Subsequently this action was brought to recover these sums-- $118.78-- with interest, as moneys not duly accounted for.

The answer of the defendant admits the receipt and expenditure of the money as stated in the complaint, and then alleges as a defence to the action that on October 22, 1870, a general order was made and issued by the secretary of the interior and signed by the commissioner of Indian affairs, and directed to the superintendent of Indian affairs in Oregon for his 'guidance' in the matter of advertising for proposals to furnish supplies, as follows: 'Referring to your letter of the ninth ultimo, submitting the names of newspapers in which advertisements for proposals for supplies required in the Oregon superintendency should be published, I have to advise you that, by direction of the honorable secretary of the interior, you are hereby authorized to publish such advertisements in the Oregon Statesman, Salem, and the Oregonian, Portland, Oregon;' that such order was made general to avoid the delay incident to procuring a special direction from Washington whenever the purchase of supplies became necessary; that the same was unrevoked and in full force at the date of the advertisements and expenditures in question; and that a copy of such order was 'attached' to each of the bills for publishing said advertisements. It is also alleged, but unnecessarily, that the proposals received under these advertisements were approved by the secretary of the interior, and the purchase made accordingly.

The plaintiff demurs to this defence as insufficient, because it does not show that section 3828 of the Revised Statutes was complied with in expending said moneys. Said section 3828 (section 2 of the act of July 15, 1870; 16 St. 308) provides that 'no advertisement, notice, or proposal for any executive department of the government, or for any bureau...

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