The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-16
The Point is Made That Companies
Cannot Carry Tickets With
out Liability.
Private Parties Cannot Establish
Postal Service Between Points
on Rail Routes.
The Stamped Envelope Not Protection
Within the Jurisdiction Of the
Attorney General.

| me0t that the Louisiana AObtoIy COAP0Ay
intends to use the express agents through
out the country as the agents of the lottery
wherever possible has been called to the at
tention of the postof6ce authorities. The
express companies will not be likely to per-
NIT its agents to perform such service for
the lottery company. and these agents
themselves would probably not care to ex-
pose themselves to the penalties of the
anti-lottery law or of the statutes in the
states where they are located. It is prob
able that there are few states in this coun-
[ try where any such action on the part of
the express agents would not be in direct
violation of the law. There is another pro-
vision of the revised statutes which may be
called to the attention of the ex-
press companies, provided they shall en-
deavor to take the place of the mails in
the transmission of private correspond
ence with the lottery company. Three
il statute which has been on the hooks
for great many years which, if strictly
construed might prevent the express COM
panies from carrying letters of any descrip-
tion either to the lottery company or any
of it's agents, or for that matter to anybody
else. And it has yet to be determined
whether that law can be successfully evad-
ed by enclosing the communication in q
stamped envelope. There is statute
which prohibits any person from carrying
any mail matter beyond postoMce, under
penalty of $50 for each offense. This has
been construed to prohibit express messen-
gers or railway employees from carrying let
ters to one station and another,
stamped envelopes the assumption has been
that the fact that the letter could not be
opened without destroying the stamp would
relieve persons carrying mail matter beyond
the first postofice Of the statutory penalties
for such offense. Section 1892 revised stat
utes prohibits private express companies
from establishing postal routes between
any places where the mail is regularly car
ried under q penalty of $15O for each ofense.
Section 1894, revised statutes, prohibits the
transportation of letters by private express
under penalty of $50, the sender of the
letter being subject to that penalty. No
mail matter on post routes under like pen
atty. The only exception on these inhibi-
f tions is that which is declared in section
1892 of the revised statutes, which reads:
Nothing herein contained shall be con-
strued to prohibit the conveyance or trans
mission of letters or packets by private
hands without compensation or by special
messenger employed for the particular oc-
casion only" It will be seen by this that
this exception applies only to q particular
instance and could not be used as an excuse
for regular transmission of mail matter at
special Intervals over the same route. When
The law authorizing the use of stamped en-
velopes went into effect the statute was
amended 90 as to authorize the transmission
If mail matter contained in stamped envel-
1pes outside of the mails provided that the
stamp is Of a sufficient denomination fully
20 prepay the postage and provide also that
he envelope is sealed, and that the date of
The letter or the transmission and receipt
hereof shall be written or stamped upon
he envelope. The express companies have
assumed that this provision, which is CON-
aimed in section 1898, Revised Statutes,
iery matter in stamped envelopes outside
ihe mails provided only that the condition
above stated are complied with. But there
8 a very important reservation in the per-
mission which is given to make this use of
stamped envelopes outside of the mails.
master general may suspend the operation
IF this section upon any mail route where
he public interest may require such sus-
PENSION" This last sentence would un-
loubtedly give the postmaster general full
bower to prohibit the sending of any mail
press companies if in his Judgment the
.tamped envelopes were to be used to
wade the anti-lottery law. No more
emphatic declaration Of what the public in
crest is, could we'll be found than in law
which was passed by the practically unani-
nous vote of both houses of congress. So
hat as a matter of fact the express COM
,anies cannot only not act as the agent of
he lottery company, but it is apparently
wholly in the discretion of the postmaster
General whether or not communications for
he lottery company or any of its agents
hall be permitted to pass through the ex-
,ress at all over post routes in government
tamped envelopes. And the express COM
,anies have no right to cary such mail mat
er or any mail matter for that matter be-
ween statione except in envelopes provid-
|tatute. II the postmaster shall
hoose to strictly constrne this law it 10 diff
cult to see how the express company can