"The question argued before Judge Blatchford in the district court was on the point raised by the defendant that the action of the government officers was quasi judicial, and their determination conclusive and exclusive.
"The points of the defendant are sent herewith.
"In this state of things the District Attorney proposes to file a bill of discovery to obtain the facts which shall establish the right of action.
"It is understood that the District Attorney desires, if possible, to have the judgment of the Supreme Court on the main question. But that purpose may, perhaps, be regarded as confidential.
"The advance sheets of the bill of discovery intended to be filed, which had been informally furnished to one of the defendant's counsel, have also been sent you.
"The first point upon which your opinion has been asked is whether, in case we plead to the bill of discovery, that the plaintiff is barred as to his right of action by the quasi judicial determinations of the officers, and has no right to discovery by reason of having no right of action, and that plea is overruled by the Circuit Court, the decision will constitute such a judgment as will be appealable to the Supreme Court.
"There are other questions, but this is the most immediate.
"I write this note to give you information at once without the delay incident to getting the counsel together to write out a case for submission.
"Very truly yours,
"(Signed) S. J. Tilden.
"Hon. Charles O'Conor."