Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-13

Gen. Whitfield Says the Sanctify Of . Seal IL
Inviolable Under the Postal Law.

Gen. Whitfield Says the sanctity Of Seal IL
Inviolable Under the Postal Laws.
Gen. Whitfield. the first assistant postmaster
general. in talking with STAR reporter today
said: II noticed in An article in The STAR of
November Z, which was credited to the New
York Herald the following remarkable state
ments:
In fact, under the rules Of the Post Office
Department, almost any private letter can be
opened and read. This will surprise some
people, presume, but it is nevertheless true,
and a reference to the private instructions to
post Office inspectors, which are in printed
form. will convince anybody of it. Also, as .
matter of fact, therefore, You will see the
United States mails are no more sacred than
the mails IN Russia or any other country so far
as government espionage is concerned
ut seems little strange in this enlightened
age that so eminentE journal as the Herald Of
New York should give space in its columns to
blance thereof as the one quoted. One OF the
first and foremost duties OF post Office official
is to guard and protect the sanctity Of
the seal. IN reference TO the statement made in
the article that it is not Generally known that
the rules Of the Post Office Department empower
inspectors to open suspicious letters at d,scre-
tion.' IL is pertinent to quote the exact con-
tents of section "a, Of the Book of Instructions
to Post Office Inspectors, which reads as fol-
lows: The regulations impress upon inspect
ors the duty Of admonishing postmasters and
all employees in the service Of the inviolable
snnctity of the seal which covers CORE
spondencc intrusted to the mails. No power
Is given to the inspector to break the seals upon
letters written by Others without authority
from those who have tho right to open them.
whether for the purpose of detecting crime or
determining the character or AVAILABILITY of the
matters contained in them, or for any othel
purpose.
srrHEME COURT orrSroN.
"In order to emphasize the above section
there appears underneath q note quoting nj
considerable length an opinion Of the Supreme
Court OF the United States in which Mr.. US tice
Field, in OK parte jackson. 96 U. S.. pages 727,
1888. states in most admirable form the legal
opinion. the logic Of which the section in ques-
ton follows very closely. The opinion con-
talns, among other strong statements of the
case, the following, which is especially peril
| ncnt:
HE says a distinction is to be made between
different kinds of mail matter between what ID
Intended to be kept free from inspection, sUch
as letters and sealed packages subject to letter
postage. and what is open to inspection, such
printed matter, purposely left in a condition Ia
be examined. Letters and sealed packages
OF this kind in the mail are as fully
guarded from examination and inspection,
| except as to their outward form and
weight, as if they were retained by the parties
forwarding them in their own domiciles. The
constitutional guaranty OF the people to be Sc
cure in their papers against unreasonable
searches and seizures extends to their papers,
thus closed against inspection, wherever they
may be. Whist in the mail they can only be
opened and examined under like warrant,
issued upon similar oath or affirmation,
particularly describing the thing to be
seized. as is required when papers are
subjected to search in ones own household.
No law Of Congress can place in the hands OF
officials connected with the postal service any
authority to invade the secrecy Of letters and
such packages in the mail, and all regulations
adopted as to mail matter of this kind must be
in subordination to the great principle en-
bodied in the fourth amendment of the Consti-
tuition.
NO RIGHT TO BREAK A SEAL.
Gas matter of fact no right is conferred
upon any post Office official in this country. and
no such right is assumed by any, to open or
break the seal of any letter in the mails or that
has been in the mails, or in any post Office,
branch post office. or in the hands or custody
OF any letter carrier, unless the same was adj
dressed to said official, or he had been duly au-
thorized TO so open it. by the ADDRESSED or by
some other person having the right to open it,
fer any purpose whatever.
IF the publishers of the New York Herald
will furnish the Post Office Department with
the names OF any post Office officials that have
ever opened any letter. or broken tho seal of
any that was not addressed to himself or that
he was not duly authorized to open as above
set forth, this department will take immediate
steps to cause his or her arres. and prosecution.
THE sanctity Of the seal is absolutely in
violable under the postal laws, and the penalty
imposed on those who violate it il very severe,
imposing fine Of not more than $500 or i'm
prisonment for not more than one year, or
both"