The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-01-25
A ouEsrIoN OF STAMPS.
Judge speer Differs With the Pos
MASTER General.

Judge speer Differs With the Post
master General.
An interesting case vas on trial in the
United States court yesterday. 1t was a
suit on a postmaster's bond. Lock Shaw.
ex-poStmaster Of Alexanderville. Ga, ct. al
being the defendant.
Mr.. Lock Shaw was postmaster Of Alex
aDdsrviIle, Echols county, from 1888 TO
March 81. 1885. During that time he rem
dered his quarterly returns TO the post
master general, charging himself with the
postage stamps furnished him by tbs gov
ernmsnt and giving himself credit for
60 per cent. upon the face value OF stamps
Cancelled by him in the returns passing
through his ofics. These returns were
examined by the auditor of the treasury,
and the balance was carried TO the general
ccount Of the postmaster, kept by the
auditor.
The postmaster rendered at the end OF
each quarter the balance charged against
him. At the time he went out of Office tho
auditor Of accounts showed that he had to
his credit IS IS. A few months aftsrward
Postmaster General Villas came to the oon-
cluSion on Representations made by the post
ofics inspector that Mr. Shaw had made
false returns Of the amount Of the cancella-
tion OF the stamps, and passed an order that
10 suOu4u UulJ 10 AlAJWe4 90 ~ pcF
for cancellation, and directed the auditor to
charge back upon Mr.. Shaw's account S1S4
for cancellation alleged 30 have been ille-
gally charged. This postmaster generals
certificate showed that he thought he had
the power TO do this under the following
provision OF the act OF congress of June IL,
1878:
That in any case where the postmaster gen
eral shall be satisfied that the postmaster has
made false rat1rn of DnanaSg IL shall ha Wit h.
in his discretion to Withhold commission on such
return, and to allow commission that, under the
circumstances, he may deem reasonable"
The auditor entered up the recharge on
the account Of the postmaster, and sent out
the transcript Of the account to the district
attorney for suit
Under the federal statutes, where the
items Of the auditors accounts are not de-
fectivs on their face, the balance shown on
the account is prima fecie evidence, and
authorized the court 10 give judgment
against the defendant. Judge Spear. how
ever, ruled that the postmaster general had
misconstrued the code Of 1873, and that
after the auditor had allowed the commits
sion on each quarterly return, and the post
masters account showed "A complete settle
ment, it was no longer in the power OF the
postmaster general to withhold commission,
and that the recharge against the post
master after he went out of office for
alleged fraud had no force as evidence
Whatever
The postofiice department has not been
willing to accept tbs judges ruling as final,
and instructed the district attorney TO pro-
coed with the suits and TO supplement the
transcript with such evidence as may be
obtaineble. In the case Of Lock Shaw,
on account Of the death of the postoflce
inspector, no evidence other than the trans
script could be put in to sustain the case of
the government, and consequently the court
charged the jury to bring ia a verdict for
the defendant.
District Attorney Erwin says that al
though it was not placed in evidence, Mr..
Shaw offered an explanation of the increase
Of business at that postoffics which would,
in all probability, have explained away the
facts upon which the postmaster general
formed his conclusions, Mr.. Shaw being a
heavy turpentine operator and having a
large number Of employees, and when he
and his men removed from the neighbor-
hood of the postoffics there was necessarily
heavy falling of in the number of stamps
cancelled.
In the other postofice suits yet to be
heard The district attorney says he expects
to make Gases Of fraud, as he has evidence
in addition to the transcript Of the depart
ment.