Page:Federal Reporter, 1st Series, Volume 10.djvu/628

 616 FEDBBAL KErOBTKR. �United States v. Ode ne al. {Gireuit Court, D. Oregon. Fe))ruary 14, 1882.) �1. AdVERTISINO for SUFPIilBS BY SUPEIIIIIIENDEIIT OF iNDrAN AfFAIKS — PaT- MBNT POK. �The defendant, as superintendent of Indian affairs, puWished advertisements in two newspapers inviting proposais for supplies, upon the authority of a general order to that eflEect, addressed to his predecessor in office by the com- missioner of Indian affairs, in which it was stated that the order was made by the direction of the secretary of the interior, and attached copies of said order to the bills for publishing such advertisements. Held, that the publication of such advertisements was authorized by the secretary of the interior within the raeaiiing of section 3828 of the Revised Statutes, and that the payment thereof was a lawful expenditure of the public money entrusted to the superintendent, and ouglit to be allowed in his accounts. �Action on OfQcial Bond. �Riiftis Mallory, for plaintiff. �The defendant in propria persona. �Deady, D. J. On March 12, 1872, the defendant, as superintend- ent of Indian affaire 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 corne into his hands as such officer. In the first quarter of the year 1873 the-detendant, acting under this bond, paid ont of the public moneys in his hands to C. P. Crandall, publisher of the Oregon States- man, ioi advertising for bida for Indian supplies, f61.36, and the Oregonian Publishing Company, the sum of $57.51, for a like serv- ice. In the examination of his accounts these items were disal- lowed by the second auditor, with the approbation of the second comptroller, upon the ground that "no written authority of the hon- orable 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 proposais to furnish supplies, as follows : "Eeferring to your letter of the ninth ultimo, submitting the names of newspapers in which ad- ��� �