New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-11
THE COURTS.
TILE INCREASE OF POSTAGE

ARGUMENT CONCERNING IHk CoNSIiIOliVNhb'ii
OF THE CONGRESSIONAL AcT-AN EFFORT TO
COMPEL by M,NDAMUs TIE TRANSMISSION or
MATTER AT THE OLD RATE.
In juno last Ivan G.. Michels offered to Post
master James for transmission to Philadelphia pack
age containing thrdcass mail matter. 1t weighed u q
onces and postage stamps TO the amount OF IL cents
were affixed to IT, In compliance with the act Of june %,
1874 which provides that postage on third-cass mail
shall DO mt the rate OF ono cent for every TWO
Mr. James refused to receive the package on
the ground that under the act of March g. 1875. which
doubles the rate OF postage on hirdcass mail matter ~
cents should be paid on IT, Mr Mches declined to pay
the postage demanded and. through his counsel. Mr.
Weed of the firm OF Townsend Weed, moved, before
Judge Batcbfod OF the United States Circuit court ~"
mandanus compelling Mr. James to transmit the pack
age for cents, the ground that the law under when
he refused 10 do so is bin for raising revenue ana in
constitutional because 1t originated not in the House OF
Representatives. but in the Senate. press OF business
prevented Judge B.achford from hearing argument on
the notion but yesterday In the United STATES
Circuit Court, before Ju ge Johnson when Mr. weed al
vanced the following arguments, with Others:
The legislation under which the Postmaster justihes
his refused 10 transmit the package is that portion 0f me
act making appropriations for sunry civil expenses OF
tAo Government iOr Tie fiscal year ending June 100
approved March 3. 1873 Under tue head " Msceane-
os" in that act provided that Section Of the act
approved JON. b 50 making appropriations LOT tn
June 30 1873, be and the same l. hereby amended - D
lows: Insert the word ounce Ia lieu Of the words
two ounces This portion OF the net anbf'is no JusI1
of the POstlscrs acOn ior tue reason tht IL 10
not law, bee IL il unconstitutional me aiuehqohb
n revenue measure ana org ntted hOt w tn' Ul
Representatives, but ia the senate ana IN the senate
not amendment 10 revenue bli. Iho toioI.t4-
originate in tne House OF Representatives, but ire
Olh.r bills" Bills bxing tho raie 81 postage To
be pad for tie TRANSMISSION OF mai md.l'I alr
blils for raising revenue " WITHIN tno mr% AN
OF the Constitution II fuckers biics' ooin, - OF
Justice tory dsaIproyes OF this view in his treatise or
the nSialion aud rosi.rjs bils i1i e5taps" hi
ior raising royenur" STORY Consttut on; sec $500
Justice StOrys reasons IL rs submitted, ehel 40 hoI aus
tain hs opinion or contain an uieolIeGI % i,,e
The history of tne power eNriu~V"y 10 orlsha"
tuc learned ntatUr., proves tnat the power mas
confined 70 bills 10 levy taxes III the sice soh'e
Oi The term. ~
- the lw regulating the Tost Office Department, the
moneys received by It go into tho general treasury 10
make mp the fund from which All the appropriations tOI
the Government drawn in the Same manner Gs any
other revenues, and termed by the law, revenues
swc,lin the treasury fund. The oiJrt 81 The arnt
IN Question, primary ~ wei as every 0tAef was 10
raise revenue, ana the courts nave mN""S h0'" '"0
postal laws 10 DC revenue laws
The provision OF tho act vi 1879 IN question was pro
posed by the Senate amendment % the Sundty
civil Appropriation Dil when the same was sent 10 "
House Of Representatives. II is snbniIicd Tie ol
s;utonh the oilgnatl"n OF a D Tor Tue same ptI
Pee ~omd be Inc alpr1p'ia''on g a. me- and
therefore provision IN question could not be ddded No
an amendment 10 a revenue pill At,er the ameniment
H. iii ~, f,r a.. /, mon nacn,r nil for raising rove
uuc. OF ginated IN the senate.
In his reply TO SIR Weed Assistant United states Dis
Attorney Tlenain counsel for Mr James claimed
that the United states Circuit Courts have no jurisdiction
OF the controversy between Mr. MioAoS and MI James,
both being citizen. OF The same tc and this not being
"A case arising under the Constitution laws OF the
United states ana that outside OF the District OF Column
bia the United states Circuit Courts have no power To
grant man Janus original writ, their power In
this respect ben limited to Wrs necessary to tnc cer
else of Jurisdiction already acquired. The Postal laws.
III Treman argued are for the benefit OF the public at
large they affect al alike AMI not FOR an individual
benefit Mr. James owes 40 duty to Mr.. Mchels tlat
hr does public officer to every other czin
Courts cannot. will they, upon principle of authority,
nc tins will OF private citizen interfere with public
officer IN TIE general DISCHARGE OF his pdnhc duties
Tremaint sid An amendment to an Appropriation blli
gnailuS tie quantity 81 printed GatIer maitpe at
previously established rate cannot he declare to e an
amendment 70 RAISE revenue much less - DIS TOT
raising revenue" ls effect On the contrary Tor auyhl
that appears, may he TO destroy any revenue arising
from transportation Of sacn mail matter But u II
claimed all postal laws are IN tue sense or the Con
stmtOn, revenue laws. II this mad boen the meaning
Of the Constitution, would have saif thal
not only bills for raising revenue" but all
bills concerning "post-oulce," ami "posi roads
Il been considered that postal iawsand revenue
laws were, coustiuuUndy speIDg, SynohJ nous terms
power raise revenue for The general purposes
enumerated in the Constitution could not flow from
naked grant power to establish ppsOinces ana post
roads" The power 10 lay AMI collect Nes duties i'm
ro,ts md licenses pay debts provide Tor the com
mon defense aud general welfare" % 10 borrow money
to regulate commerce. " to coin money" 10 iseanI
alrno armies" and navy d. MT pro 1eriy Include the
power establish posui 'e5 and p1st-roads" Express
proyisiou was 70, CURED respecting tHis power.
II changing the weight Of iAatlor uailable at one
cent postage he revenue law. very tth law m',s
originate in the senate. WI this cOur ON summary
apple ton Oi tai, cnlractr decide. AM mas create
limitation ON tle Con iifut'onh powe.s Of Congress
exercised without question for thte, quarters u IL
Jury II tins postal amendment 10 the appropriation
oil renders IL ie'enae law certainly ie ysion IN
the act, as ~ passed t.e House o. hrpes n.%i' es
directing the authorities OF tie District Of Columbia TO