Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1870-12-16
"POSToFFICE DEPARTMENT.
APPOINTMENT OFFICE,

follows
"POSToFFICE DEPARTMENT,
APPOINTMENT OFFICE,
WASHINGTON, Nov. II, 1870.
SIR: In reply to your letter of the
5th inst, have to say that when pub
fishers inclose handbills with their
newspapers, in violation of the law, the
duty OF the Postmaster is plain. He
should rate up such packages with let
ter postage, according to the weight of
same see sections zI2 and 2I6 of the
postal regulations, and section z53 of the
postal law. If not paid at letter rates,
by the party addressed, the packages
should be returned to the mailing office.
as required by section 326 of the postal
laws, and section Al of the regulations,
to prosecute the sender in the penalty of
S. in each case.
''Suit may be brought before Justices
of the Peace, Magistrates or other Tu-
dicial Courts having competent iuris-
diction in such amounts. See section
325 of the postal laws, edition of 1866.
VERY respectfully, &C.,
JAMES H. MARI,
Acting Ist Asst. P. NJ. Cen
"W. H. P. DENNY, Esq,
"P. NJ, Circleville, Ohio"
Sections 2Iz and z16 of the postal
regulations, and section z53 of the pos
tai law, read as follows:
'It is the duty of the Postmaster at
the mailing Office, as well as at the Of
flee of delivery, carefully to examine all |
printed matter, in order to see that it is |
charged with the proper rate of postage,
and to detect fraud.
"Postmasters will charge and collect
postage at the rate of three cents for
each half ounce, on any newspaper or
periodical SO marked or written upon as
to give any other information than that
contained in the print. The same
charge will be made where it is so in
closed that it cannot be examined with
out destroying the wrapper.
Publishers may inclose in their
publications sent to regular sub
scribers the bills for subscription thereto.
without any additional charge for post
age, and may write or print upon these
publications, or upon the wrappers there
of, the name and address of the sub
scribers thereto, and when the subscrip-
ton will expire but any other inclosure
or addition, in writing or in print, shall
subject the same to letter postage, which
shall be collected before delivery there
Of
Section 3I6 provides that eff any
person shall inclose or conceal a letter,
Or other thing, in newspaper, or mag
azine, in order that it shall be carried
free of postage, he shall forfeit and pay 4,
The sum of five dollars for every such /,
0ffense; and the letter, newspaper. &c,
and other thing, shall not be delivered :
o the person to whom it is directed un-
il the amount of single letter postage is
paid for each article of which the pack ,
lge is composed"
Section 4I of the Regulations" pro- :
rides ITO inclose or conceal a letter, )
'r other thing Except bills and receipts {
or subscription), in, or to write or print :
after its publication, upon any :
newspaper, pamphlet, magazine or 9TH 7
r printed matter, subjects it and the en- :
ire package, of which it is part, to letter
'0Sfa9e,' and if done in order that the same +
nay be carried by post free of postage,
ubiects the offender to a tine Of JfDe j
SOlll1rS for every such offense; and in :
UGH cases, if the person addressed re- 7
uses to pay letter postage. the package :
hould be returned to the Postmaster ,
rom whose office it came, to prosecute
he offender for the penalty"
The law of 1866, section 3z5, says !
'Al pecuniary penalties and forfeit !
res incurred under this act shall be !.
ne-half for the use of the person or Z
,ersons informing and prosecuting for =
he same, and the other half to the use 7
f the United States, and shall be paid {
ver to the Postmaster General, and ac- :
ounted for by him as other moneys of y
he department and all causes of ac- /
on arising under this act may be sued, =
nd all offenders against this act may u -
e prosecuted, before the Justices of the T. T.
'eace, magistrates, or other judicial =
ourts of the several States and of the E,
'erritories of the United States, they y,
aving competent jurisdiction by the -
lws of such States or Territories, to the -
ial of claims and demands of as great =.
alue, and of the prosecutions where
le punishments are of as great extent
nd such justices, magistrates or judic-
Iry shall take cognizance thereof, and
roceed to judgement and execution as
/ other cases. I'll
1t appears clear, from the above cita- c
ons, that publishers can not Agally t1s- ST
oSe anything in their papers except to
ills for subscription. Encircling the F
kaNd5iLF' with reading matter, and a
alling it Supplement" or extra, is fe
,garded by the department as an eva
on of the law and fraud on the rev. M
ue. w. H. P. DENNY. P. M. &c