The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-01-16
writing GA Newspapers

The Bangor (Me) Wing Of a recent date
published m item cohcsriRg a lawsuit
which was carrisd on by the United States
government to defend the action OF Syra-
cui0 pSStms'tor whs refused to deliver a
newspaper without tho payment of letter
postage. Tho case occurred duins the adj
miniItraton of Colonel William w. Tesll q.
postmaster Of this city, under President Polk,
aud under lew Of congress subjecting newI-
pKPsrs passing through the mails, with
writing on theMa, 10 letter postage. A circu-
lar frea The Hon. Cave johnson, of Tsnn,s.
see, then postmaster general, onioinsd upon
All PostmaStSrs rigid observance of
that law, and prompt compliance with The
requirements Of hiS circular on that subject.
II was in the discharge Of this duty by Col
Teal, and while enforcing "sfiiciNl" instrpc-
tens from tho department at Washington
tn& Tho kalt against him was commenced.
paper, addressed to Miss FELTON,, niece
OF the late Charles 4. Hicks, then, or sub,s
quehty, clerk of the county of Onondagp,
eAms to the office, and, having writing on it,
was sutjscled to letter poatags, Waich Mr..
Hicks d0clned TO pay. Col. Tesll, there.
fore, instructed kii deputy not 10 deliver tho
paper Mr.. Hicks Subsequently rendered the
uslh newspaper postage in behalf of his
niece and demanded tho paper, which wa, 70.
fuses. Mr.. Aicks thOn, as guardian Of Miss
ksltop, u minor, instituted tho suit against
Colonel Teal NJ poltmastero Of SyrscWse, The
case was reported 10 the department nj
Warrington, and the r0turA Msil brought an
Autograph" l0ttsr from the po,lpaaster-gsn.
eral, thanking Colonial Tsall fer faithful
disehprgo of duty saying ke WAS the only Of
ncer who had rigidly enforced the law and
fully compisa With Instructions in his cir.
cular, SOS especially assuring Colonel Teal
the government would stand by him to tho
last and defrAy all the expenses attend.
ing the litigation, Instructions were imma.
stately dispatched from Washington 10 tho
Hon. William +. Allen, late judge Of tho
court OF appeals, then United States sttorAsy
for the northern dstrlct Of New York, 70
procsed TO Syracuse and assume the control
and management Of tho case ia behalf Of tho
United StAtes, which 10 did. Miss FELTON,
susd tho psstmatter in trover for the value
OF the paper, and the case wss tried before
lusllee OF me peace, who held the postal in
structlons illegal, aud consequently gave six
cents damages ana costs CT 50 so for
plaintiff. The case was carried by the psst-
master TO The csart Of common pleas, which
affirmed the judgment with additional eo,ts of
w 30. From thsrs it was carried 10 the
supreme court Of the state, which added
SS7 S. to the judgment before rendered ana
| tho postmalter then appealed the case 10 tho
court Of appeals, where the Judgment was
afirned With the additional sum of SIS "a
making SlS6 10 in all. Not satisfied with
this measure of justice in the state courts, tho
postmaster went with the case to the supreue
court Of the United States, whore il was
esborately argued by Mr.. Seward, and de-
cidss by very labored opinion of the court,
affirming ,he findings of the etksr courts and
rendering judgment according, but with what
cSst the record does rot show