The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-28
ABROGATION OF STAMPED ENVELOPES.


WASHINGTON, July IS, ISL
1t Will appear from the following correspondence
that the envelope makers have, after all succeeded
abOshing the stamped envelopes. The first letter
Is from Attorney General Alderman to the Post
master General constituting the prOviso attached to
the appropriation for the service or the Post ONCE
Department during the ensuing fiscal year. The
second is from an eminent New York lawyer and
former Assistant Secretary OF the Treasury under
Mr.. Chases administration constituting the construc-
ton OF the Attorney General:-
THE ATTORNEY GENERALS OPINION.
DEPARTMENT OF JUSTICE,
WASHINGTON, June 2s 1871. I
Hon. J. A j. CREswELI, Postmaster General:--
SiR-The question submitted in your letter 10 me
OF the 9th inst. Is thIs-Whether the printing of
Post Ofcc Department is forbidden BY the following
provision IN the act or March 3, 1871 entitled 'An
Post once DEPARTMENT. for the year ending lime 70
1872, and for other purposes"
Provided, That envelopes, furnished by the GOV.
the writer. (is U. s. Statutes, p Oh "
You inform me that the black lines are printed in
the ordinary way on printing press in the same
manner and by substantially the same instrument
tality the 'return request.n The statute IL uni-
versal IN ITS promotion OF all printing except the
return request" Printing Is the forming Of char
actcrs marks on paper or similar material by i'm
preston am unable TO distinguish in construine
this act between the impression of one sort OF marx
and the impression of another sort OF marx and
while 1t Is possible that such marks these in the
specimen which you nave sent me not within
the special contemplation of Congress- yet am OF
the opinion that The universally Of the language
forbids That any letters, devices, marks or char
acters should be printed upon the envelops except
the "return request"
This construction Is confirmed by the prohibition
in the same provso of hthographing or engraving
ton OF Congress that the envelopes should be per-
fectiy plank with the exception of the return re-
quest" Very respectfully your Obedient servant
A. H. AkERMAN. Attorney General.
MIR. NJ. r, FIELDS OPINION.
NEW YORK, July L. 1871.
SIR--You have submitted for my consideration a
written opinion Of the Attorney General Of the
United States, dated Washington, June %, 1871, in
response 10 an inquiry addressed to him by the
Postmaster General, whether the printing OF black
lines upon the envelopes furnished Tor the ost once
department is forbidden by the following proviso
In the act of Marcn 3, 1871, entitled an act making
appropriations for the service OF the Post once De-
partne mt Tor the year ending June 30 1872, and for
other purposes, vlz:-"PrOvded that no envelopes
as furnished by the government shall contain any
lithographing, engraving, and no printing except
The Attorney General decides that the printing OF
such black lines IL thereby forbidden. lie says:-'l
am OF the opinion that The universally OF the Ian
guage forblds thar any letters devices, marks
characters shall be printed upon the envel Opes eX-
cept the return request This construction is con-
hrned by the prohibition In the same provso OF
lithographing or engraving upon the envelopes
showing that IT was the intention OF Congress mat
the envelopes should be perfectly blank Win the
exception OF the Iequest.n
You ask me whether, IN my view, the foregoing
decision does not abolish the stamp and water
marks, "P. .. d." uneaning the Post once Depart.
menD contained In The postal envelopes as wen as
the black lines contained In portion OF them and
am constrained 10 answer that 1t does. AT the same
time feel IT my duty to state That | entirely
dissent from the Attorney Generals construction OF
the provlsO. Unwilling TO hazard the expires non
of my individual opinions in the premises without
consultation with others, have conferred with some
q the ablcst members Of our bar and have been by
them confirmed In my views. The Attorney Gene
raj IN this opinion gives MS own definition OF print
ing rs fOllOws:-"Ihe forming Of characters marks
on paper or similar material by IMPRESSION Web
seI's dennti0n OF the noun printing Is 1.-THE act,
art or practice OF impressing letters, characters
or hgures on paper cloth other mate
rial the business oil printer: typography"
The Attorney General relies upon the universally OF
the language In the prOyso as prohibiting The I'M
preston upon the reverse side OF the envelope OF
blaG lines intended 10 facilitate the writing OF The
addless or supeTscripon upon the face thereof.
AdOitlng MS dominion OF printing as applicable TO
the construction oil This statute IL requires argu-
men TO show thar the stamp and the water marks
contained IN the envelop are prohibited equally with
the HACK lines. The only reply that can possibly be
mao, 10 TINS IL that the proylSO should be so con.
strutd as 10 harfnonlze with the expressed intention
Or eltIting OF the clause OF the appropriation TO
whdl II appes, which is for stamped envelopes
ana postage stamps.r The only construction which
woud harmonic the emitting and the proviso would
DE tiat winch should attach TO the word stampelv
sOmt 0tncr meaning not included In the comprehcn-
siVe cnnitlon OF printing! adopted by the Attor-
ney senera. otherwise the word 'stampcd'' IN the
enttlnR should limit and control the word ''prInt-
ing''in The pr0viso. Very respectfully,
NJ Il. FIELD.