The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-08-15
WAS NOT UNAVAILABLE
Young Mrs. S. H. Shreyes Set Free
by United States Commits
sioner Kinsley.
A Sealed Letter Does Not Come
Under the Statute Of
Crime.
Interesting Opinion by nm Oregon Judge
ON the Points of Law Involved
In tho Case.

Mrs. Susie Hornbeck Shreves, who took
her mother-in-law's place as the accused in
the Wickes alleged unmailable letter rhat-
Kinsley's Office yesterday by her husband,
on account Of her delicate physical condi-
ton. Her trial did not Inst long, and ended
in the dismissal of tho charge. Mrs.
Shreves, it will be remembered, had only
mailed the letter at her mother-in-law'a re-
quest. After Postmaster Kellogg. of
Wickes, had testified to the mailing of the
letters, Commissioner Kinsley put a sudden
stop to the proceedings by declaring that a
sealed letter passing between two parties,
with no claim that it had been showed to
anybody else, was not abscene matter with
in the meaning of the law. The charge
against the young lady was therefore
promptly dismissed.
The decision of the COMMISSIONS was
based OF a ruling by Judge Deadly, of Port
land, Oregon, in the case of the United
States against a man accused Of sending an
obscene letter through the mail. Judge
Deadly found that the law declared unmail-
able EVERY obscene, lewd, or l%asoivious
book, pamphlet, picture, writing, print or
other duplication of an indecent charac-
ter" The general phrase with which the
enumeration ends, cor other publication"
ETC., the judge declared, implicitly asserts
that the things enumerated are publica-
tions. Then he goes on to say: "a private
letter sent by one individual to another in
a sealed envelope cannot be construed a
publication within this %statute. 1t never
was the intention of the law to take cogni-
zance Of what passes between individuals
in private communications under the
s~anctity and security of a seal. The chief
reason for makingit a crime to put indecent
or obscene language or delineatlons on an
envelope enclosing communications is to
prevent the postoffice from being used as
the means for committing a cowardly as
sault and indecent assault at . safe distance
or anonymously, upon the feelings or
character of any one. But what is said
privately within the envelope and under
seal the statue does not notice. 1t could
not we'll do SO without establishing an es-
poinage over private correspondence ich
would never be thought of in q free country.
it's character. It defines non-mailable
matter by external appearance. But if it
was intended that it should extend to the
contents of a sealed letter some provision
would have been made for a legal examina-
ton when there was reason to believe
UlhU u LUCIA WOAo ~ UAO
law. But as the case stands it is apparent
that the matter to be excluded from the
mails and which it is made a crime to de.
posit thereid, is such that its illegal charac-
ter can be ascertained without breaking the
seal Of private correspondence"
In conclusion Judge Deadly says: "And
yet it is quite certain that no public good
would be promoted and no private right in
iured by including such a case as this
within the statute upon the complaint of
the party injured, n thereby prevent the
mails being used as q comparatively safe
means by one person to annoy and wound
in iae q l letter. Indecent OF obscene X app, epithets and
beastly language"
The decision in Mrs. Shreves' case meets
with approval from the fact that had she
been held for court she would have been
made to suffer for the w%rongdoinR of an
other. She was not aware of the contents
of the letter which her mother-in-law asked
her to mail.