Lucius Quintus Cincinnatus Lamar

“ It certainly raises disputed questions of law and fact as to the amount of the actual indebtedness of the United States to Mitchell; as to his agreement that the draft should not be delivered until the claims of the subcontractors, mechanics, and material-men should be satisfied out of the proceeds of said draft ”

“ The facts stated in the return are averred mainly upon information and belief, as they occurred under a former secretary, the predecessor of the respondent. It admits that an account was stated by the accounting officers of the treasury department on the 11th of February, 1888, under his predecessor, but that said account was stated, and a draft prepared for delivery upon condition, and under the circumstances expressed in the letters of certain officials of the treasury department, which are filed by the relator as exhibits. ”

“ The balances which may from time to time be stated by the auditor, and certified to the heads of departments by the commissioner of customs, or the comptrollers of the treasury, upon the settlement of public accounts, shall not be subject to be changed or modified by the heads of departments, but shall be conclusive upon the executive branch of the government, and be ubj ect to revision only by congress or the proper courts. ”

“ The act of June 18, 1878, (20 St. 163,) to organize the Life-Saving Service, and that of May 4, 1882, (22 St. 55,) to promote its efficiency, provide that the keepers of life-saving stations, and the superintendents thereof, shall have the powers and perform the duties of inspectors of customs. ”