The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-04-16
LETTER POSTAGE.
A Long Contested Suit for Newspaper
Having Writing Upon It-How the Costs

A Contested Suit for a Newspaper
Having Writing Upon lt-How the Costs
Mounted Up.
ISyracuse Courier.]
The Bangor (Me.) Wing of a recent date,
publishes an Item concerning a lawsuit
which was carried on by the United States
Government to defend the action of a
Syracuse postmaster who refused TO deliver
9 newspaper without the payment of letter
postage. The case occurred during the ad
ministration of Colonel William w. Teall as
postmaster at this city, under President
Polk, and under law of Congress subject
ing newspapers passing through the mails
with writing on them to letter postage. A
circular from the Hon. Cave johnson, OF
Kentucky, then postmaster general, en-
Joined upon all postmasters rigid observ-
ance of that law. and prompt compliance
with the requirements of his circular on the
subject. 1t was in the discharge of this
duty by Colonel Teall, and while enforcing
official instructions from the department
at Washington. that the suit against him
was commenced. A paper addressed to
Miss FELTON,. niece of the late Charles 7.
HICKS then or subseo uently clerk of the
county 0nondaga, came to the office, and
having writing upon it was subjected TO let
ter postage, which Mr.. Hicks declined to
pay. Colonel Teall. therefore, instructed
his deputy not to deliver the paper. Mr..
Hicks subsequently rendered the usual
newspaper pOStaSo III Ccuhll VI Ills nlcCc anu
demanded the paper, which was refused.
Mr.. Hicks then, as a guardian of Miss Fell
ton, MINOR, instituted the suIt against
Colonel Teall as postmaster of Syracuse.
The case was reported to the department at
Washington, and the return mail brought
an "authograph'' letter from the postmaster
general, thanking Colonel Teall for a faith
full discharge of his duty. saying he was the
only officer who had
RI6IDLY ENFORCED THE LAW
and fully complied with the instructions in
his circular, and especially assuring Colonel
Teall that the Government would stand by
him to the last and defray all expenses at
tending the litigation. Instructions were
Immediately dispatched from Washington
to Hon. William F. Allen, late judge of
the court of appeals, then United States
attorney for the Northern district of New
York, to proceed to Syracuse and assume the
control and management OF the case in be-
half of the United States, which he did.
Miss FELTON, sued the postmaster in troyer
for the value of the paper, and the case was
tried before justice of the peace, who held
the postal instruction illegal, and con-
sequently gave six cents damages and costs
of $3.50 for plaintiff. The case was carried
by the postmaster to the court of common
pleas, which affirmed the Judgment with
additional costs of so 90. From there i.
was carried to the supreme court OF the
State, which added S31.65 to the judgment
before rendered, and the postmaster then
appealed the case to the court Of appeals,
where the judgment was affirmed with the
additional sum of 1914. making $136.19 in
all. Not satisfied with this measure of
justice in the State courts. the postmaste,
went with the case to the Supreme Court OF
the United States, where it was deliberately
argued by Mr.. Seward, and decided by
very labored opinion of the court, affirming
the findings of other courts, and rendering
judgment accordingly, but with what cost:
the record does not show.