The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1891-05-31
Tampering with the Mail.

The action of the postmaster Of Ell Paso in re-
fusing to allow the Ell Paso Times to be trans
mitted through the mail simply because 1t con
tanned as news an Associated Press dispatc Oh
giving synopsis of the opinion of the Supreme
Court OF Louisiana compelling the Secretary of
State to submit at the next election consti-
tutional amendment passed y the last general
assembly extending the charter of the Louis lana
State Lottery twenty five years, Is deserving Of
the severest condemnation and censure, not
only because of the injustice Of such an arbi-
trary proceeding, 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 unlaw-
fully OBTAINING mail matter, and he was bound
over to appear before a commissioner for
trial, but the punishment whatever IL will be,
even If ever melted out after many months Of de-
lay. VIII not fit the crime. Nothing short Of alb
solute and immediate official decapitation with
whatever other punishment the law provides.
would be proper for such ofIicious int rmeddling
with the mails II the United States mali Is to
be subjected to such scrutiny and exclusion by
the postmaster at FL Paso, tie postmasters at
the various other cities, towns villages, hanllets
and crossroads in the State and throughout the
United States have the same right, power and
authority and are of course at liberty to do just
as the postmaster at Ell Paso has done If the
postmaster can stop the transmission of anews--
paper because it has in it the decision of court
ia regard to the Louisiana lottery, he can also
stop it because it mentions the name of the lot
terry in it, and if he can do this he can stop the
Post because it incidentally mentions the name
of tbs Louisiana Lottery Company in criticising
his official conduct. 1.-The can do this however,
he can override the strongest bulwark of the
liberties Of the people and violate one of the
planest provisions IN the constitution of the
United States, thereby completely tnrottling the
press.
Upon grounds Of public policy the United
States government should not tolerate such tam
pering with the mail 1t throws open the doors
to fraud and. II permitted, will tend to make the
service inefficient and unreliable. Why not de-
tain letter suspected of containing lottery
advertisement, and why not open 1t to ascertain
if the detention is legal? If its contents are legal
why then of course 1t might be permitted to con
tinue on its journey.
The great wrong done newspaper publishers.
however. is to allow postmaster TO authorize
lively detain mail matter which in his opinion is
Illegal. He ought not to be permitted 10 do this
be held responsible and be made to suffer the
penalty; but postmaster may detain an entire
edition Of newspapefs-e ntailing a heavy loss
upon the publisher and yet when the matter
comes TO a final trial the court may decide that
the papers are maiabie. The damage has then
been done the publisher, and there seems to bs
no adequate remedy for him. Suppose the
politics Of anewspaper are Objectionable to the
postmasters generally, aud throughout the
State they choose to hold a paper because in
their opinion It Is not mailabls, it wouId thus
put IL within the power Of the postal depart
ment to stop the circulation Of q Newspaper and
bankrupt i, leaving the publisher with lot Of
suits Against postma .ters as assets. Such
state q affairs leaves newspaper publisharsa
without aleauats remedy. AMI to allow such
arbitrary conduct on the part of officious post.
mastersis contrary to the institutions OF this
government, and violation Of the legal maxim
that each wrong has its adequate remedy
Houston ersxo fqst, Nay ID.