The New Orleans daily Democrat., 1880-02-29
MR.. KEYS NEW ORDER.

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When Postmaster General Key issued his
illegal and arbitrary order, instructing his
subordlnates to Interfere with the correspond
ence sof the Louisiana Lottery Company,
the DEMOCRAT pointed out the fact that the
Postmaster General had violated the lew
and private rights by a bold assumption oi
authority.
The law under which Mr.. Key assumed to
act reads as follows, viz:
Section 3s94-No letter or circular concerning
Illegal lott- ries. called xift concerts or ether
Ing schemes devised and intended to deceiue
and detrdud the public for the purpose Of Oh
tainink money under false pretenses. shall b..
KIN, ,winRly deposit or send ANYTHING to be con-
veyrd by mail IN violation OF this secion shall
be punishable by 9 hne of not more than five
dollars. with costs Of prosecution. Act OF 1872
Section 404l, II he Postmaster General
may upon evidence satisfactory to hirc that a"y
person IL engaged III conducting any fraudulent
lottery. gift 81 t-rprise Or scheme for the nistri
button OF money, or OF any real or personal
property By lot. chance or drawing Of any kind.
or in conducting any other echem me or device
for obtaining money through the mails by
means Of false or fraudulent pretensions, rep.
by any postmaster to any tuch person Of any
postal money order drawn TO his order or IL his
favor. and may provide by regulations for the
return to the renitter OF the sums named In
such money order. But this shall not author
a any person to open letter not directed to
him.
It is only necessary to read the provisions
Of the statute In order to see wherein the
Postmaster General was guilty OF exceeding
his powers and committing a trespass upon
the rights OF citizens which In other times
would have cost even Cabinet officer his
position.
The law clearly refers to illegal and traudu.
lent lotteries, or schemes for obtaining money
by false pretensions. and whatever moral
convictions Mr.. Key may have held concern
ing lotteries In general, he could not plead
ignorance OF the fact that the company In
question had been chartered by the laws Of q
sovereign State, was operated under con-
tract with State, and had been recognized
In the constitution which was adopted by an
overwhelming majority Of the people.
His action was tax n with full knowledge
OF these facts, as ais, with the knowledge
that no complaint OF unfairness had ever
been made against the drawings Of the COM
pany In question; hence we declared the order
bold invasion Of private rights, which, II
followed by arbitrary interference with the
rights Of any other citizen or class Of citizens
who might incur Mr.. Keys displeasure.
The position Of the DEMOCRAT was In strict
accord with the decision OF the Supreme
Court OF the United States, which used the
following language In passing upon the stat
utes referred to, viz.
In their enforceme ment distinction is to be made
between. different kinds Of mail matter. be-
snch as eers - ana sesed
subject to lett postage. and what Is open to In
spsctf0n. such as newspapers, magazines.
left in a condition to be examined. Letters and
sealed packages OF this kind are as fully
guarded from examination and inspection. ex-
as II they. were retained by the par.
ties forwarding them. The constitutional
guaranty Of the right Of the people to be
searches and seizures extends to their papers
thus closed against, inspection wherever they
may BE- while In the mail they can only be
upon similar oath or affirmation. particularly
describing the thing 70 be seized. as is required
when papers are subjected to search In ones
own household. No law OF Congress eau place
In thu hands Of officials connected with the
postal service any authority to invade the se-
a s In
matter Of this kind must be in subordinatton
to the great principle embrdied In the fourth
amendment OF the constitution.
Mr.. Key has. 1t appears. recognized the
distinction between q legal corporation and
the bogus, plundering schemes which have
been carried on under his very eyes ever
since he assumed the duties of Postmaster
General, and by which the people are robbed
OF millions yearly In the most fragrant man
ner.
It was not for Mr.. Key to pass judgment
upon the act OF sovereign State, but he has
ample scope for his powers In protecting the
people from the thousands of fraudulent con-
Germs which ihfest the country, and this, In
his recent letter to the postmasters Of New
York and New Orleans, he admits, and will,
we presume. conform to hereafter