The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-06-10

The action OF the postmaster of FL Paso
in refusing to allow the II Paso Times to
be transmitted through the mail simply be-
cause 1t contained as news an Associated
Press dispatch, giving a synopsis of the
opinion Of the supreme court of Louisiana
compelling the secretary of state to sub
NIT at the next election Il constitutional
amendment passed by the last general as
sembly, extending the charter OF the
Louisiana state lottery twenty-five years,
Is deserving OF the seyerest condemnation
and censure, not only because of the in
Justice of such an arbitrary proceeding,
but upon grounds OF public policy. The
business manager OF the Times very prop
erly had this postmaster, who bears the
historic name OF Smith, arrested for I'M
lawfully OBTAINING mail matter, and he
was bound over to appear before a com
missioner for trial, but punishment, what
ever it will be, even if ever meted out af-
ter many months of delay, will not fit the
crime. Nothing short of absolute and
immediate official decapitation, with what
ever other punishment the law provides,
would be proper for such officious inter
meddiing with the mails. Ii the u. S.
mail is to be subjected to such scrutiny
and exclusion by the postmaster at II
PasO. the postmasters at the various other
cities, towns, villages, hamlets and cross
roads 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 FL Paso
has done. II the postmaster can stop the
transmission OF a newspaper because it has
in it the decision of court In regard to
the Louisiana lottery, he can also stop it
because it mentions the name of the lot
terv in it, and If he can do this he can
stop the Post because it incidentally men,
tons the name of the Louisiana lottery
company in criticising his official conduct.
If he can do this. however, he can over
ride the strongest bulwark of the liberties
of the people and violate one OF the plain
est provisions in the constitution OF the
United States, thereby completely throt-
ling the press.
Upon grounds Of public policy the U. S.
government should not tolerate such
tampering with the mail. 1t throws open
the doors to fraud and, il permitted, will
tend to make the service inefficient and
unreliable. Why not detain letter sus-
pected OF containing lottery advertise
ment, and why not open it to ascertain il
the detention is legal? If it's contents are
legal why then OF course it might be per-
mitted to continue on its journey.
The great wrong done newspaper pub
fishers, however is to allow a postmaster
to authoritatively detain mail matter
which in his opinion is illegal. He ought
not to be permitted to do this. Ii the
publisher has committed any wrong he
can be held responsible and he made to
suffer the penalty; but a postmaster may
detain an entire edition OF a newspaper,
entailing heavy loss upon the publisher.
and yet when the matter comes TO a final
trial the court may decide that the papers
are mailable. The damage has then been
done the publisher and there seems to be
no adequate remedy for him. Suppose
the politics of a newspaper are objection
able to the postmasters generally, and
throughout the state they choose to hold
paper because in their opinion it is not
mailable, it would thus put it within the
power of the postal department to stop
the circulation OF newspaper and bank
rupt it, leaving the publisher with lot OF
suits against postmasters as assets. Such
6 state of affairs leaves newspaper pub
fishers without adequate remedy, and 10
allow such arbitrary conduct on the part
of officious postmasters is contrary to the
institutions OF this government, and a
violation of the legal maxim that each
wrong has its adequate remedv.-Ho,ston
(Tex.l Post. May IL.