Seventh. That in contemplation of law the Commission in approving or disapproving of an award would be called upon to exercise a quasi-judicial rather than a mere ministerial function, or, in other words, that the approval was not contemplated as a perfunctory act, and that, therefore, under no theory of construction can it be held that the Commission, not having been consulted in the appointment of jurors, as provided by the rules, is estopped from investigating charges of fraud or misconduct in procuring or making the awards.
Eighth. That before approval, it is the right, and is, therefore, the duty of the Commission, under the law, where the charges are of a character sufficiently grave and adequately sustained by affidavits, or otherwise, to investigate any charge of fraud made at any stage of the proceedings, either in the selection of the jurors or in procuring or making the awards.
Ninth. That under special rule No. 27 neither the superior jury nor the Exposition Company has the right to issue or promulgate any diploma, certificate, or other evidence of award for exhibitors without the signature of the president of the Louisiana Purchase Exposition Commission having been previously attached thereto by authority of the Commission.
Holding these views and representing the Government of the United States in these important transactions, the Commission can not permit the use of its name, nor the name of any of its officers or members, in connection with any diploma, certificate, or other evidence of award while any part of the proceedings rest under adequately supported and uninvestigated charges of bribery, attempted bribery, corruption, fraud, or misconduct amounting to fraud.
In view of the position of your company, as announced in your letter of November 8, from which quotations are herein made, by direction of the Commission, I hereby notify you to refrain from using the name of the Commission or of any of its officers or members in or connected with any diploma, certificate, or other evidence of award for any exhibit or under special rule No. 27, until such time as the proposed award shall have been by you submitted to the Commission for approval, as provided in section 6 of the act of Congress and rule 6 of Article XXII of the general rules and regulations, which rules we hold to have the effect of law until modified or repealed by the consent of the Commission.
Respectfully, THOS. H. CARTER, President.
Hon. D.R. FRANCIS,
President Exposition Company.
A formal acknowledgment of the receipt of the foregoing communication was received from the Exposition Company on November 30, 1904.
No reply has ever been made to the letter or the subject-matter thereof on the merits. The allegations therein contained of flagrant violation of the rules and regulations in the selection and organization of the juries are strongly supported by the records and the silence of the officials of the Exposition Company. The charges of fraud and corruption in connection with certain awards, referred to in the letter, have never been denied nor explained.
The fact that there was a disagreement between the National Commission and the Exposition Company regarding awards became known through the public press, and thereupon the files of the Commission were quickly supplied with letters from exhibitors charging fraud and favoritism, and asking for information as to the status of the awards in the event of certificates of award being issued without the approval of the Commission.