The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-05
WAR AGAINST LOTTERIES.


THE POST OFFICE AUTHORITIES DECIDE THAT
LETTERS ADDIEssED TO LOTTERY COMPANIES
CANNOT GO THROUGH THE MAILs-PosrMAs-
TIERS INSTRUCTED BY AN OFFICIAL CIRCULAR.
- WASHINGTON. Oct. 4. 1879.
The Assistant Attorney Genera for the Post Office
Department upon case recently submitted to him
has given his opinion that under the 2aeh section
OF the regulations (Which section 3S49 Of the Re
vised Statutes amended by the act OF July IL.
1875. letters addressed to lottery companies. or
to individuals when addressed to them as agents
for such companies. are unavailable Sc, and that
postmasters should refuse to register letters when
SO addressed. This opinion was to-day adopted by
the Department, aud is deemed Of much impor
that it will be published in full in the Novem
Der postal Guide" circular has been issued
this afternoon in accordance with its conclusions.
instructing all postmasters to refuse to mail or
register letters circulars addressed. to mail
register letters circulars to schemes against
which the Postmaster General has issued
orders under the provisions of sections s73
and 1.O45 Of tho Postal laws and regula-
tions Of 1879. list OF these schemes 10
defraud the public NEARLY ono hundred in number)
may be found in the September and October guide.
Judge Freeman, in the important opinion above re-
fcrrcd to- after citing the statutes applicable to the
subject and quoting the opinions of various Attor
neys General upon collateral questions. continues
folows-
Tho authorities that have cited relate to the duty
Of the Postmaster in where he suspects the law
is being violated. 1t may therefore he regarded
settled by those authorities that under no law is
Postmaster authorized to seize suspected letters with
q view to bring to punishment parties charged
with violating the postal laws. But suppose
letter known to the postmaster to concern lottery
Is offered for mailing. las in the case under
consideraton) for registration. what then becomes
the aut Su o. the 81 M 70 me there
declares in most positive terms that such letters
shall neither be conveyed by mail nor deposited in
post Office for that purpose. 1t will not be ser-
Ously insisted thar deposting in post Office matter
declared by law under heavy penalty to be unmail
able fixes upon the postmaster the duty Of treating
it as maabie. But this conclusion does not dispose
of the difficulty Is the fact that letter is addressed
to lottery company to be accepted by him sufa
cent evidence that it is 'letter concerning lot
terry" to warrant his refusal to register It? After
very careful consideration OF the question am Of
the opinion that such evidence Is sufficient for that
purpose. and that postinasters ought to be in
structed to register letters addressed lottery
companies. This conclusion Is supported by the
THE INTENTION OF THE LAW DEFINED.
In the first place, it is well settled that Congress
has the power to declare what may and what may
not be carried in the mails; in the exercise OF that
power they have declared that letters lot
teries shall not be carried.
In the second place. it has, by long line Of dec-
sons. both by the courts and the law department Of
the government, been held that such construction
ought to be. given to acts OF Congress will
carry out the intention Of the law making
power rather than such construction as will render
It imperative Is johnson. A; Is N. Y. 81; Barb.
ID; 81 NY. 2S9; ID DALI. 1855; LIST Peters, 20; I'd
Peters. 672 am aware that this rule relates more
particularly to the construction to be given to
statute than to the nature and character Of the
evidence which is to be admitted as proof
Of its violation. and admitting the correct
nc soo~s that any
But it has been held that 1T is the duty Of the
courts TO so construe statutes as to meet the mis-
chief and to advance the remedy and not to violate
fundamental principles 70 Johnson ~; and again,
STATUTES must be interpreted according to the in
tent aud meaning. and not always according to the
letter." Again. every Legislative act must have
reasonable construction" SAM. 46.) "rhat which
ID implied in statute il as much part of it
that which expressed pst Black. 81; LIST Wallace
What then was the intention of Congress in pro-
hibiting the transmission through the mails Of let
ters concerning lotteries? How is the law to be
executed or enforced? Postmasters are not author
lied to open letters to ascertain whether their
tents render them unmailable; neither they
compel the writer to disclose their contents II fol-
lows therefore that either the fact that the letter
as furnishing the only evidence required and there
by OF itself rendering the letter unmasble. else
the statute remain the books dead letter.
SUPPOSED KNOWLEDGE OF THE PUBLIC
Is the construction that have given the statute
unreasonable one? think not. The writer Of
the letter knows that lotteries are
unavailable; when. therefore, he addresses letter
to lottery company he must know that he
raises . strong. il not conclusive. presumption
that the letter Is unavailable. It is not sufficient
answer to say that letter not at all concerning
lottery may be addressed to lottery company.
Such Is not the reasonable course of human affairs.
Letters frequently addressed to individuals that
do not immediately concern the business of the
individual addressed. But the case Is so far
different with corporation that the law
requires Q letter addressed to u particular officer Of
corporation giving his name) to be delivered to
different person. satisfactory evidence that the
latter person sustsins to the corporation COM
pany tho relation indicated in the address, aud this
under the presumption that q letter addressed to
corporation concerns the business of that corpora
ton. The law therefore. presumes that let
ter addressed to lottery company
Germs . lottery. The direction of such
. letter, therefore. makes it unavailable,
unless the presumption thus made is removed and
the power to remove this presumption is easily
within the reach of the writer that he has ground
Of complaint. 1t is difficult to imagine case in
which any one would desire to address
letter to lottery company other than
lottery business, but l apprehend that il
such q case should arise the writer himself in
view of the law would be willing and anxious to
show las he would have difficulty In showng)
that the letter did not concern" a lottery. Very
respectfully. A. A. FREEMAN,
Assistant ATTORNEY General. Post Office Department.
NJ De-.