The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-06-07


The action OF The Postmaster Of Ell Paso in re-
fusing 10 allow tie FL PasO Times 10 be trans
mltted through the mali simply because il con-
famed as news an Associated Press dispatch
giving synopsis Of the opinion Of the Supreme
Court Of Louisiana compelling the Secretary OF
State 10 submit at the next election cOnstltu-
ti0na amendment passed by The last General
Assembly extending the charter OF the Louisiana
State Lottery twenty-five years, is deserving OF
the seyereSt condemnation and censure, not only
because OF the Injustice OF such arbitrary pro-
ceedipg but upon grounds Of public policy The
business manager Of the Times very properly
had this Postmaster, who bears the historic
name OF Smith, arrested for uulawfully OBTAINING
mail matter. and he was bound over to appear
before Commissioner for trial. But The punish
ment, whatever it VIII be, even il ever meied out
after many months Of delay. will not BIT the
crime. Nothing short OF absolute aud immediate
official decapiatlon, with whatever other pun
isbment the law provides, would be proper for
such OliiciOus intermeddlng with The mails. II
Tie United States mail is TO be subjected 10 sueh
scrutiny and exclusion by the Postmaster at FL
Paso the POslmasters at the various other cities,
towns, villages, haInlets and crossroads in the
State and throughout The United States have tile
same right, power and authority, and are, OF
course, at Derty'to do just as the Postmaster at
Il PasO has done. II the Postmaster can stop
the transmission OF newspaper because il has
IN it the decision OF court ~ regard TO the
Louisiana lottery he can also stop Il because 70
mentions the name OF he lottery III II, aud II ne
eau do this he can stop the Post because il Incl
dentaily mentions the name OF the Louisiana
LOTTERY Company IN crliclslpg his Official con-
duct. IL he eau do this, however he can OYrT-
llde the strongest bulwarA Of the liberties of the
people and Violate one OF The platnest provisions
IN lie Constitution OF The United States, thereby
completely thIOttiing the press.
Upon grounds OF public policy the United
States Government should not tolerate such tam
peTing with lie mail Ii throws open The doors
10 fraud aud, II lie Hited. will tend To make lie
service inefficient aud uni ella ble. Why not de-
tain letter suspected OF containing a lottery adj
Yeftisement ana why not Open il To ascertain II
tie detention Is legal? II It's contents are legal
why then Of course IL might be permitted 10 con
tiBue on IT'S journey.
The great wrong done newspaper publishers
however, is TO allow postmaster 10 authorita-
lively deIain mail matter which In his opinion is
Illegal. lie ought not 10 be permitted 10 DO this.
IL the publisher has committed any wr0Dg lie can
be Leld responsible and be made 10 suffer The
penalty; bul postmaster may detain all entire
edition OF newspaper. eotailiBg II heavy loss
upon the publisher, and yet when the matter
comes 10 fiHdl trial the court may decide that
ibe papers are mallable. The damage has then
been done the publisher, and there seems 10 be
no adequate remedy Tor him. Suppose the politics
OF a newspaper are Objectionable 10 the posImas-
tiers generally aud throughout The State they
choose 10 hold a paper because In their opinion II
Is not malta bic, u would thus put II within the
power OF The osta Department 10 stop the cir
culatiOn OF "a newspaper ana BANK upt lt. leaving
The publisher with a lot OF suits against pUstmas-
tiers assets. Such z state OF affairs leaves
newspaper publishers without adequate remedy,
and 10 allow such arbitrary conduct on the part
OF Ofcious pOslmasters Is contrary 10 The insftfu-
legal maxim that each wong has It's adequate
Temedy.-HouSIOD Tex Post, May To-