The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-22
FORBIDDEN MAIL MATTER.

THE RIGHTS OF LOTTERY DEALERS AND POSTAL
OFFICIALS TO BE DETERMINED By A
FRIENDLY sUIT-INTERvIEw WITH Assistants
ATTORNEY GENERAL BIssELL.
The momentous question as to whether the corrs-
spondence of q person addressed to him, and with
the proper amount Of postage attached thereto in
the form of stamps. can be withheld from him is
not only agitatng business men. but is exciting
official circles as WELL in consequence of the multi
pcity of threatened suits at law, involving heavy
damages against the Post Once authorities should
their action prove unconstitutional. The question
as to what is mailable or unavailable matter is,
of course. one to be decided by the postal
officials but the general idea OF the pubic. placing
such power in their hands was it is claimed that
such articles liquids. that might destroy the
tents of entire mail pouch. should be excluded.
sealed letter was, it is claimed generally consd.
cred an nvoable trust to be carefully guarded and
promptly delivered Laws passed, however, ia
protect the public against criminals by prohibiting
them the use of the mails an agent in their
operations. One of these laws prohibited the
use of postal facilities by illegal and fraudu-
lent lotteries, and it was not until July
70. 1876 that it was amended by striking out the
words fraudulent" and .illegal," SO that the law
should include all lotteries. Under this amendment
orders have been issued at various times to stop the
delivery of letters to certain lottery companies and
to refuse the issue Of any money orders to them
to take registered letter for them. Under such an
order. issued October last. general seizure of
letters has been made calling forth indignant pro-
tests from various sections of the country These
have been more general in consequence of the new
order sending the Dead Letter Office all letters not
one of the parties alleged to be aggrieved in the
matter-one Max Borger-who does business in this
city under the name of Wachsmann Co.. through
his counsel, ex-Judge A. j. Dittenhoefer, on the
ground that the detention of his letters unjust
and unlawful. made application for them. and has
also commenced an action against Postmaster James
for damages arising from the injury to his credit by
the withholding of his remittances in drafts and
bills OF exchange.
The Postmaster referred the matter to Washington
the day and yesterday Mr. A. H. Bissell. Second
Assistant Attorney General and law clerk to the Post
Office Department, arrived here in reference to the
matter. In the absence Of Judge Dittenhoefer. his
law partner, Mr. Engehar appeared with his client,
Mr. Berger. and conferred on the matter in Postmas
ter James rooms. and concluded to settle it by
friendly suit In order to get the decision of the SUI
preme Court as to the consntutonality of the pow.
ers exercised in regard to lottery mail matters by
the postal ~" ssn 10 OF sne SUIT VIII
day, at which Mr.. Dittenhoefer will be present.
Mr.. Bissell. in conversation with . HERALD
porter yesterday afternoon, said THE object Of
my visit here is to expedite the lottery suit against
Mr.. James by obtaining at the earliest possible
ment decision from the Supreme Court of the
United States as the department are as anxious as
the lottery men to have 1t settled. Judge Often.
hoefer will on Monday, with myself and the District
Attorney, make out agreed CASE which, by writ
of certiorari. will be removed from the Supreme
Court OF this State to the United States Circuit
Court. and then. by writ Of error to the Supreme
Court so to have tho controversy adjudicated at
once by the court of last resort"
PRIVATE RIGHTS RESPECTED.
"But are there not other questions involved
beyond the retention of letters to lotteries"
"In this connection there seems to be general
misapprehension the part of the public. Ordinary
letters not been detained. except in where
they are addressed to parties well known to be doing
business under fictitious names for the pur-
pose Of carrying on fraudulent business. This
has been done under old decision by
ATTORNEY General Black. and the regulations Of
the department based that decision have
been carried out ever since. The statistics in the
matter are very specihc-one makes it unlawful to
letters in regard to lotteries another vests autho
rty in the Postmaster General to issue order to
pay money orders to the promoters Of lotteries but
to return registered letters to the senders and notify
the purchasers Of money orders that they obtain
duplicates, If they desire them. application. The
department very careful not to invade private
rights Of any kind Letters ordinarily addressed
never detained, hut letters addressed to lottery
panies such. or to firms or individuals agents
of lotteries officials connected with lotteries
are unavailable and unbelievable under the laws
There is no presumption the part of the depart.
ment in relation to the detention Of any letters
We making no crusade against lottery dealers
lotteries. But in the case OF every letter de-
tanned, matter how addressed. It ID
done under the regulations governing the
its special agents accompanied in most instances by
the adverts Of the parties who may be inter-
ested Often letters are received from private par
ties requesting postmaster to investigate the work.
ings swindlers These letters are referred to the
Chief Special Agent with the request that of his
department be placed on the case. thorough in
vestigaton is then made. and the evidence when
submitted to the department frequently results
the concern from tho use of the mails.
The departm have been accommodating evidence Of
various kinds for years For instance in the case Of
tho Kentucky State" they had evidence in nsnd
three years ago, but not conclusive to justify
introduction until the past few days. when it was
declared conclusive"
.sWas the evidence on which the recent action has
been taken furnished by Anthony ComstockY'
ssMr. Comstock has furnished much of the recent
evidence and he has been very careful in its sub
mission ana the courts have sustained him In nearly
every instance which has been brought before
them"
The interview concluded Mr.. Engelhart, the part
ply to a request for statement of his side OF the
case said 1.-THE Post Office has no right to examine
our correspondence.
.But are any letters opened by the Post Office Do
IL not in position just now to say that they
have opened any letters. We claim they have
right without giving us hearing to
For ought the Post Office Department may
know the letters may contain only legitimate
and proper correspondence such as any citizen has
have detained will be found to contain only legiti.
mate correspondence for my client from other
tries-Cuba and Europe-with drafts and bills of
exchange to which we are entitled. and which any
business house is receiving all the time. ana they
are of the utmost Importance to u.s. We have
scented to the friendly suit proposed by the govern
ment in order to bring the matter to expeditions
settlement the inclination OF both sides being to do
that"
DIR. GALLAUDETS ANNOYER.