The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-11-24
Copy.
ATTORNEY GENERALS OFFICE,
18th November, 1913.
To the President /.

10 me FrtStdem
Sir have carefully examined and considered the
circular issued by the Postmaster General, under
date OF the lst September, IS43, addressed to the
Contractors for the transportation Of the Mail and
the acts OF Congress 10 which reference is therein
made and am Of opinion upon the questions submit.
ted 10 me
Fust-That under the laws of the United States it
is not competent for any stage ether vehicle, which
regularly performs trips post road, or on road
parallel to such post road TO convey letters does
such authority exist 10 warrant such conveyance 10
be made by any packet boat other vessel which
regularly plies on water declared 10 be post road
with the exception Of letters tina, relate the cargo
some part thereof, transported by such packet
other vessel.
SecOnd-That il is not competent to any person or
persons, other than the Postmaster General or his
authorized agents TO set up any foot horse post
for the conveyance Of any letters packets, upon
any post road established by law.
Third-That the term packets" used in the acts
Of Congress- and in the last foregoing proposition in
cludes newspapers, for the conveyance Of which,
therefore, foot or horse post can be legally en-
ployed, except by the Postmaster General and hi.
agents, upon any post road established by law and
Fourfh-That contractors employed in the trans
portation Of the mail, have authority to carry any
newspapers, magazines and pamphlets other than ia
the mail except by the authority Of the Postmaster
General, and m pursuance Of contract made for
that purpose.
Inc tiTd pTopOsit0n, nave stated substantially,
the terms the 18th section OF the act Of the Sd
March, 1926, entitled can act TO reduce into one the
several acts establishing and regulating the Post Of
fee Department
The Second, IS sustained by the clear and unequivo-
cal language Of the Sd section of the act of the "a Of
March, 1927, entitled "An act amendaory Of the act
regulating the Post Office Department"
The third afrms, that the term packets" used in
the act last referred to, includes newspapers, and
this will be rendered apparent apart from the
ing OF the term, by COLLATION. Of The provisions Of the
act Of 1921 with those Of preexisting laws upon the
same subject but which not IN force.
The l4th section OF the act Of the Doth February,
1892, enacs, that Il any person other than the Post
master General, or his deputies or persons by them
employed, shall take up, receive, order despatch,
convey, carry, deliver any letter letters paokfi
OF packages, other than narpopers for hire reward
or shall be concerned IN setting any foot horse
post, wagon, or other carriage, by or in which any
letter or packet shall be carried Tor hire on any
tsbshed post road, any packet other vessel or
boat or any conveyance whatever whereby the reve-
nue. OF the General Post Office may be injured, any
person offending shall forfeit, Tor every such Of
fence, the sum OF two hundred dollars.n
The same provision substantially IS found in the
lith section Of the &C, Of the 9Th May, 1884 which
prohibited the establishment upon private authority
OF "sny foot or horse post, stago-wsgou, or other
ssgc-carrisge, on any established posl-road, or any
packet boat other vessel 20 ply regularly between
communication by water should be established BY
the United States and the conveyance thereby Of any
letter or packet other than neosppers, magazines or
pamphlets"
The act Of the ID March, 1870, contains the same
prohibition reenaced by its l2th section in almost
the same terms, and excepting from the operation Of
the prohibory clause TO letters or packets "ners
papers, magazines or pampbletsr
30 also by The 10th section OF the act Of the 3Oth
April, 1910, the like prohibition is imposed upon the
establishment Of private foot horse posts Sc for
The conveyance upon the routes designated Of letters
or packets "other than newspapers, magazines, or
pamphlets"
AS the law stood therefore, when the act Of the I'd
Of March, 1926, passed. IL is quite clear. that
whilst, mo private foot or horse post, stage wagon
OF o'ner stage, carriage sleigh, on any established
post road, or from one post town to another Dos,
town. or on any road adjacent or parallel to an es-
aohed rost road, or any packet boat or other YES.
sci, TO ply regularly from place to another be-
tween which regular communication should have
been established by the United States for the con.
veyance OF kfie,r could have been set up, "ne,upa
psr', magazines or pamphlets" might In vrtus OF The
exception in the laws referred 70, have been 20 con-