image 1

image 2

December 21, 1870.

Walter H. Smith, Esq.

Solicitor of Internal Revenue.

Sir:

In respect of the proposed compromise in the cases against the New York Central Railroad Company, which have been brought informally to my attention, I beg to say that Mr. Conkling's fees will be allowed as a part of the compromise, but that the District Attorney can receive by the compromise no more than the law allows him.

This Department fully adopts the views laid down by Attorney General Hoar in his letter to the Secretary of the Treasury, dated February 2, and May 2, 1870.— I wish to say further that under the Act of this last session establishing the Department of Justice, collectors of Internal Revenue have no power, (whatever may have been their power before,) to retain counsel to represent the United States; and that this Department will not hereafter recognize the service of such counsel in any way, unless the retainer was previously authorized by the Attorney General.

Very respectfully, &c &c.

B. H. Bristow, Solicitor General,

and Acting Attorney General.

Dec. 21, 1870—Little, Brown, & Co.—Ins. Book B, p 220.

"   "   " —Hon. Sec of State—"   "   "   "

"   "   "  Hon. Sec of Treasury—"   "   "p. 221."

"   "   "  Dec. 21, 1870—Hon. Sec of State—"   "   "   "