Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1891-06-24

The action OF the postmaster of FL
Paso in refusing to allow the Ell Paso
Times to be transmitted through the
mai simply because it contained as
news an Associated Press dispai ch Civ
ing a synopsis of the opinion of the SUI
preme Court of Louisiana compelling
the Secretary of State to submit at the
next election a constitutional amend
ment passed by the last general ASSEM-
bly, extending the charter of the Louisi-
ana State Lottery twenty-five years, is
deserving of the severest condemna-
tion and censuTe, not only because of
the injustice of such an arbitrary pro-
ceeding, but upon grounds of public
policy. The busine SIS manager of the
Times very properly had this post
master, who bears the historic name of
Smith, arrested for unlawfully detain-
ing mail matter, and lie was bound
over TO appear before commissioner
for trial, but the punishment whatever
it will be, even If ever meted out after
many months of delay. VIII not fit the
crime. Nothing short of absolute and
immediate official decapitation, with
whatever punisl ment the law provides,
would be proper lor such Officious in
termeddling with the mails. If the
United tateS mall is to be subjected to
sLch scrutiny and eXclu ion by the
postmaster at Ell Pdso, the poStmasterS
at the vaciouS other cities, towns, vi
lages, hamlets and crossroads in the
State and throughout the United States
have the same right, power and au-
thority, and are of course at liberty to
do Just as the postmaster at Ell PdsO
has done. If the postmaster can stop
the transmission of newspaper be-
cause it has in it the decision of
court in regard to the Louisiana lot
terry, he can also stop it because 1t
mentions the name of the lottery in it,
and it he can do this he can stop the
Post, because 1t incidentally mentions
the name OF the Louisiana Lottery
Company in criticising his official con-
duct. If he can do this, however, he
can override the strongest bulwark OF
the liberties of the people and violate
one of the plalnest provisions i'll tie
constitution of the United States,
thereby completely throttling the press.
Upon grounds OF public policy the
United States government should not
tolerate such tampering with the mail.
1t throws open the doors To fraud and,
if pei mitted, will tend to make the SER
vice Inefficient and unreliable. Why
not detain letter suspected of
containing lottery advertisement, and
why not open it 10 ascertain if the de-
tention is legal? If its contents are le-
gal why then of course it might be per-
mItted to continue on its journey.
The great wrong done newsrape
publishers, however, is to allow a post
master to authOritatiyely detain mail
matter which in his opinion is illegal.
He ought not to be permitted to do
this. If the publisher has committed
any wrong he can be held responsible
and be made to suffer the penalty; but
a postmaster may detain an entire edI-
ton of a newspaper, entailing a heavy
loss upon the publisher, and yet when
the matter comes to a final trial the
court may de eide that the papers are
mailable. The damage has then been
done the publisher, and there seems to
be no adequate remedy for him. Sup
pose the politics of a newspaper are OBJ
jectionable to the postmasJers generally,
and throughout the State they choose
to hold piper because in their Opin-
ion it is not mailable, 1t would thus put
it within the power oi the postal depart
ment to stop the circulation of news
paper and bankrupt it, leaving the pub
Usher with lot OF suits aga nst post
masters 3s assets. such "A state of af-
fairs leaves newspaper publishers with
out adequate remedy, and To allow such
arbitrary conduct or the part of Off
cious postmasters is contrary to the in
stitutions of this government, and a
violation of the legal maxim that each
wrCng has its adequate remedy y.-Hous-
ton TEX J Post, May 16.