The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-12
LETTER POSTAGE.
A Long Contested suit for a Newspaper
Having writing Upon lt-HOw
the Costs Mgunted Up.
ISyracuse Courier.l

ISyTHCub6 COuEl6TI m@
The Bangor (Me) Wing, of a recent date,
published an item concerning law suit
which was carried on by the United States
government to defend the action of a SYRIA
cuse postmaster who refused to deliver q
newspaper without the payment OF letter
Ininistration of Col. William T. TeaIl as post
master of this city, under President Polk.
and under law Of Congress subiecting
newspapers passing through the mails with
writing on them to letter postage. A circulor
from the Hon. Cave johnson, OF Kentucky,
then Postmaster General, enjoined upon all
postmasters a rigid observance OF that law
and q prompt compliance with the require
ments of his circular on that subject.
It was in the discharge OF this
ing official" instructions from the depart
ment at Washington that the suit against
him was commenced. A paper addressed to
Miss FELTON,, a niece OF the late Chas. T..
Hicks, then, or subsequently,, clerk Of the
county OF Oncndaga, came to the office, and
having writing on it, was subjected to letter
postage, which Mr.. Hicks declined to pay.
Col. Teall, therefore, instructed his deputy
not to deliver the paper. Mr.. Hicks subse-
quently rendered the usual newspaper post
age in behalf of his niece, and demanded the
paper. which was refused. Mr.. Hicks then,
as guardian Of Miss FELTON,, q minor, iDsti-
tuted the suit against Col. Teall, as postmas-
ter of Syracuse. The case was reported to
the department at Washington, and the re-
turn mail brought an autograph" letter from
the Postmaster General, thanking Col Teall
for faithful discharge OF duty, saying he
was the only officer who had rigidIy enforced
the law and fully complied with instructions
in his circular, and especially assuring Col.
Teall the government would stand by him to
the last, and defray all expenses attending
the litigation. instructions were Immediate
ly dispatched from Washington to the Hon
VIM. 4. Allen, late Judge OF the Court Of APP
peals, then United States attorney for the
Northern District Of New York, to proceed to
Syracuse and assume the control and man
agement of the case in behalf OF the United
States, which he did. Miss FELTON, sued the
postmaster in trover for the value of the pa
per, and the case was tried before justice oil
the peace, who held the postal instructions
| illegal, and consequently gave six cents dam.
ages and costs of So 80 for plaintiff. The case
| was carried by the postmaster to the Court oil
| Common Pleas, which affirmed the judgment
| with additional costs OF $22 IS. From there
| 1t was carried to the Supreme Court of the
State, which added $37 IS to the judgment be
fore rendered, and the postmaster then ap
pealed the case to the Court of Appeals
where the judgment was affirmed with tht
additional sum Of S75 IA, making S136 10 il
all. Not satisfied with this measure of jus
tice In the State courts, the postmaster wen
with the case to the Supreme Court OF tn.
| United States, where it was deliberately ar
gued by Mr.. Seward. and decided Ey very
| labored opinion Of the court, affirming tn,
| findings OF the other courts, and RENDERING
/ judgment accordingly, but with what cost.
| the record does not show.