Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1891-07-18

TnR action OF the postmaster OF FL Paso
in refusing 10 allow the I'll Paso Tim,s Ia
he transmitted through the mail simply
because it contained as news an Assoc
ciated Press dispatch giving a synopsis Of
the opinion of the Supreme Court OF
Louisiana compelling the Secretary OF
State Ia submit at the next election
constitutional amendment passed by the
last general assembly extending the
charter Of the Louisiana State Lottery
twenty-five years, il deserving OF the
seVerest condemnation and censure, not
only because of the injustice Of such an
arbitrary proceeding, hut upon grounds
/ Of public policy. The business manager
! Of the Times very properly had this post
master, who bears the historic name of
/ smith, arrested for unlawfully OBTAINING
i mail matter, and he was hound over To
4 appear before commissioners for trial,
i but the punishment whatever il will be,
4 even ii ever melted out after many
months of delay, will not tit the crime.
/ Nothing short of absolute and immediate
official decapitation, with whatever other
/ punishment the law provides, would be
proper for such otiicious intermeddling
with the mails. Ii the United States
mail is to be subjected to such scrutiny
and exclusion by the postmaster at FL
[ paso, the postmasters at the various
other cities, towns, villages, hamlets and
crossroads in the State and throughout
the United States have the same right,
power and authority, and are OF course at
liberty 10 do just rs the postmaster ut FL
paso has done. II the postmaster can
stop the transmission of newspaper
because it has in il the decision OF a
court in regard 10 the Louisiana lottery
he can also stop il because il mentions
the name OF the lottery in il, and If he
can do this he can stop the Post, because
il incidentally mentions the name of the
Louisiana Lottery Company in CRITICS.
ing his official conduct. Ii he can do
this. however, he can override the
strongest bulwark OF the liberties of the
people and violate one OF the plainest
provisions in the constitution of the
United States, thereby completely throt-
thing the press.
Upon grounds of public policy the
United States government should not
tolerate such tampefing with the mail.
Ii throws open the doors To fraud and, il
permitted. will tend TO make the service
inefficient and unreliable. Why not de-
tain letter suspected of containing 2
lottery advertisement, and why not open
Il to ascertain il the detention is legal
II its contents are legal why then OF
course il might he permitted 10 continue
on its journey.
The great wrong done newspaper pub
fishers, however, is 10 allow postmaster
to authoritatiyely detain mail matter
which in his opinion Is illegal. lie
ought not 20 be permitted 10 do this II
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 edition of news
. paper. entailiug a heavy loss upon the
publisher, and yet when the matter
comes 10 nnal trial the court may de.
) eide that the papers are mailahle. Tbs
, damage has then been done the publish
er, and there seems 10 be no adequate
remedy for him. Suppose the politics
Of newspaper are Objectionable to ths
pOstmasters generally. and throughout
the state they choose 10 hold a paper be,
cause in their opinion IL is not mailable
. IL would thus put Il within the power o
the postal department to stop the circu
lation Of a newspaper and bankrupt it
{ leaving the publisher with a lot Of suit
D against postmasters rs assets. Such
!. state ni affairs leaves newspaper pub
fishers without adequate remedy, and /,
allow such arbitrary conduct on the par
4 OF otiicious postmasters is contrary To thi
!, institutions Of this government, and
4 violation OF the legal maxim that eacl
wrong has its adequate remedy
Houston Tex Post, May l6.