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Aug. 24, 1871.
John L. Henry, Esq.
Tyler, Texas.
Sir:
In answer to your letter
of the 14th instant, I have to say that
it is held in this Department that any
retainers of counsel made by other
Departments prior to the 1st day of July,
1870, the day on which the Act establishing
the Department of Justice took
effect, were not dissolved by that Act—its prohibitions on Heads of Departments
to employ counsel being only
operative in the future, and not
necessarily terminating contracts then
in existence for services in pending
cases.
Under this view, inasmuch
as your employment by Supervisor
Bridgland under the authority of the
Internal Revenue Bureau seems to have
been prior to that date, it seems to me
that you still sustain the relation of
counsel to the Government in the cases
embraced within your contract with
Mr. Bridgland. Having been employed
at the instance of the Commissioner of
Internal Revenue, your compensation
will properly come from the Treasury
Department.
I return the papers which you enclosed.
Very respectfully,
A. T. Akerman,
Attorney General.
resume here
question of being retained as counsel
Texas