image 1

February 15, 1869.

Edward Jordan, Esq.

Solicitor of the Treasury.

Sir:

Referring to your letter of the 4th inst. enclosing a stipulation in the case of S. B. Locke, pl'ff in error ag't the U. S., No. 202, on the docket of the Sup. Court, agreeing that this case may be dismissed without cost to either party, I have to say that the writ of error cannot be dismissed upon such terms. Either the Government or the pl'ff in error must pay the costs in the Sup. Court, or it must be expressly understood that each side is to pay its own costs. Some arrangement upon this subject of costs must be made between the pl'ff in error, & the U. S., before the dismissal can be effected. The counsel of the pl'ff in error has no authority, I understand, to stipulate that the costs in the Sup. Court shall be paid by his client, nor can the Att. Gen. upon the present state of the arrangement, agree that the Gov't shall pay the entire costs.

I will thank you, therefore, to say what is the understanding between the parties upon this subject.

I have the honor to be,

&c. &c. &c.

J. Hubley Ashton,

Asst. Att. Gen.