Title: Amos T. Akerman to Columbus Delano, 17 November 1871
Date: November 17, 1871
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.03483
Contributors to digital file: Elizabeth Lorang, John Schwaninger, Anthony Dreesen, and Melanie Krupa
Nov. 17, 1871.
Hon. C. Delano,
Secretary of the Interior.
I have the honor to acknowledge the receipt of your letter of the 23d ultimo, informing me that the application of the Central Branch Union Pacific RR. Company to file a map of their route, etc., has been withdrawn, and that therefore there is no necessity for my giving further consideration to the questions growing out of that application, which you propounded to me on the 8th of May last.
On the 3d of June, I transmitted an opinion upon those questions. This Opinion was then considered by me as my final action upon the subject.
Afterwards, upon the urgent representation of counsel for the Company that there were material facts not considered in the preparation of that Opinion, I expressed a willingness to hear further argument upon such facts, not intending to reëxamine the questions unless such facts should be brought to my notice.
While the matter stood thus, the MS. opinion was returned to me by the Acting Secretary of the Interior, not at any request, but, as I suppose, for my convenience in the event that cause for revising the Opinion should be shown.
No such cause having been shown to me, and the parties who requested an opportunity of showing it having declined to avail themselves of such an opportunity when offered, the relation of this Department to the matter is the same as when the Opinion was transmitted to you. Perhaps in the turn which the affair has taken, you have no further occasion to consult the opinion; but I feel bound to inform you that it is at your service, and will be transmitted, if you desire it.
It was duly rendered in response to a formal call. My consent to hear further argument on new facts was not intended as a recall of the Opinion, or as a suspension of my judgment upon the questions invovled; but was prompted by special regard for the counsel for the applicants, and a readiness to correct an error, if an error had been made. The promised attempt to convince me of such error having been abandoned, the views expressed in the Opinion are unchanged.
Very respectfully, &c.
A. T. Akerman,
Central Branch Union Pacific RR. Co.