New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-19
Important Post-Omce Decision.
WASHINGTON, Thursday, ]


The Supreme Court of the United States
have given an opinion (No. i9) at this term in the
case OF
The United States, plaintiffs an error, vs.. Dapid H.
Bromley-In eTror TO the Circuit Court OF the L. 3.
for the Northern District of New York.
Justice McLane delivered the opinion OF the Court.
An action wa5 brought In the District Court, hn-
der the lCh section Of the Act of 81 March, 1925,
for the prevention of frauds the revenue OF the
Post. Office Department 1t prohibits, uoder the
penalties provided, every stage coach railroad car,
ste amboat other vehicle or vessel or any OF the
owners managers, servants or crews of either, which
regularly performs trips on apost-route on which
the mail is carried from Transporting letters, pack
ages, other malable matter, except such as have
relation 10 some part OF the cargo, or to some artl-
Gle at the same time conveyed IN stage or DINER
vehicle.
or the captain of the packet boat Empire which reg
uiarly performed trips on the canal between Albion
and Rochester, in the State Of New-York, on which
line the mail was transported, under the authority OF
the Post-Offce Department with transporting other.
wise than the mail divers letters and packages OF
letters then and there being mailabe matter other
than newspapers, &c, not having relation TO the
cargo.
Evidence was given TO show that the defendant
was captain OF the boat Empue, which performed
tips between the places stated, and that the mall
was regularly conveyed on the same route III 1913
and lS4S
That Brain ard one Of the witnesses, gave note
TO Kelsey The steward of the boat written on two
thirds Of sheet Of f0olscap paper, and folded the
size OF an ordinary letter, with direction upon 1t,
to be carried 10 Rochester That the letter was an
order TO Mr. Palmer for tobacco which " as sent by
the return boat, and for which Kelsey, the bearer,
received fifty cents.
The testimony having closed the defendant prayed
tie Judge to instruct the jury tina! il did not establish
a cause of action against the defendant and the
Judge instructed the jury that the paper conveyedby
the steward of the boat, Kelsey from Albion 10 Ro-
chester sworn 10 by the Witnesses, was not letter
or masble matter within the meaning OF the act OF
Congress, but was paper having different and dis
tnct character Of It's own, and could be properly car
RED BY the said steward OF the packet boat aforesaid,
and cid therefore direct the jury 10 find for the de-
fendant which they did and TO which instruction the
plaintiff excepted. .
The cause was aiterward removed to the Circuit
Court by wit OF error, and by which Court the
Judgment OF the District Court was affirmed This
Judgment of affrmance came before the supreme
Court for revision.
The Supreme Court proceeds to reverse the de-
cision of the Court below, as follows;
We think the instruction of the Court was erro-
Heoos The letter. order, as II Is called by some
of the witnesses. folded IN the form OF letter
and directed as such, though 1t was not sealed.
seal was not necessary TO constitute letter or 10
make n chNgeable with postage. The letter was
not within the exception OF the statute as IL did not
relate 70 the cargo or 10 any article on board OF the
/ boat Ii was an order for tobacco on Mr.. Palmer,
| OF Rochester, who was dealer 10 that arucle.
! Among merchants an order 10 the wholesale dealer
for merchandise IS common subject of CORES pond
eICe and II may be doubted whether any other sub
ject can he named on which more letters are WIT
ten and fOfwaro cd IL the mail. Two-thifos OF the
halt shec. which composed the letter was covered
With Wiling from which an inference may be drawn
| that somcihIg mere than a meie order ior gooes
reque stec by the writer Blu. an order Tor goods
folded and ciieced as letter. Is clearly mniaole
matter and a conveyance OF II, Is charged is NO.
| lation Of law. The judgment OF the Circuli CouIt
is revived and tie cause is reminded to that Court
| for further proceedings according to law.