New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-04
THE COURTS.
SEARCHING THE MAILS.

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DECISION OF THE SUPREME coURT-HGHr TO Ex-
cIUpE IMMORAL MATTER-FREEDoM OF THE
PREss-INvIoLA ABILITY OF SEALED LETTERS.
WASHINGTON, June 3.-The full opinion In
the original case OF Orlando Jackson petition to the
supreme Court of the United States for wrts of habea
corpus certlorar has been fled by Justice teio'
the other Justices eoneurTng. The petitioner was IN
deed In the Circuit Court Of the United States for tue
Southern District Of NewYork, for knowingly ana UNI
lawfully depositing, on the Odd OF February le'"
in that district, I'm the mail OF the United states
TO DO conveyed in it, q circular concerning
lottery Offering prizes, enclosed In an envelope adresseu
10 one j. Ketcham, at GlOversve. N. Y. He was SUD
seauenty tried convicted and sentenced 70 pay fne oil
$780, with the costs OF the prosecution ana to Dc COM
mted TO the County Jail until the fine and costs were
paid Upon his commitment, which followed, he pre-
sented TO this Court petition alleging that he was i'm,
prisoned and restrained Of his liberty by me Marsna
OF the Southern District OF New York under the eohe
ton that such conviction Illegal and that the HE
gaty consisted In ths that the Court had no lurlsOe
ton to punish him for the acts charged In the Indictment
that the act under which the Indictment drawn was
~ inrisdici0n I'm committing him until the fine
paid He therefore prayed for writ Of habeas CORPUS
TO be directed to the Marshal to bring MIN before ts
Court and writ OF ccrtiOrar TO be directed TO the CLERK
OF the Circuit Court send up the record of his conyc
tIon that this Court might inquire into the cause ana
LEGALITY of his imprisonment
The writs we're denied by tbe Court, on the ground
that his imprisonment is legal Toe decision = very
ton TO the mails affecting the case Following are inc
points decided:
fYrt-The power vested in Congress establish Post
Offices embraces the regulation OF the ene
postal system Of the country Under IL Congress may ness
what shall be carried in the mails and what shan DC eA
cludcd.
coH-In the enforcement regulations excluding matter
from 20 be made between dinereEt
kinds what Is intended TO be kept nee
inspection sach and sealed packages subject
letter postage what Is to Inspection such az
newspapers magazines pamphlets and other printed matter
purpOsey left in a condition to be examined.
Thd-IetersaRd sealed packages subject 10 letter postage
the mails only be opened ana examined under IKE war
rant issued utOn oath affirmation particularly
describing the thing o. Do seized II reque when papers
search household. Inc consul
u1na guarantee VI the right of The people TO Do secure IN
their papers unreasonable searches ara seizures eA
papers thus closed against Inspection wherever
thoy may be- IT,,
Observation-Disclosures against transportation In the mails OF
printed which open 20 examination cannot De en-
forced Interfere IN manner with the ehon OF
the rTuss Liberty Of circulating is essential 70 tha freedom
When therefore printed matter is cycndtd from inc mail
transportation other way cannot DO Forbidden by
Congress-
Fiji Regulations excluding matter from the mails may be
enforced rnuh tha courts upon competent evidence OF
their violation obtained than by the unlawful
INSPECT sealed packages and with RESPECT
Objectionable printed matter 10 examination hty
also be enforced by the direct ACTON OF te
postal service upon their own Inspection. as
exposed and shows unnistakaby hat IL Is
iu the obscene picture or piint
SaM-When person Is convicted Of an offence ara sen
pay hur within the discretion OF the Iout 10
ord, r his liuprisu until she nue Is paid