The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-10-28
The Criminal in the Evening Posts
Office.

| The exact distinction between official mis-
conduct and personal crime is a subject to
which Mr.. GoDK1N Of the Erenin0 Post is
devoting some thought. 1t Is a difficult
subject. involving many delicate questions
| OF ethics and many complicated questions
of technical law.
Possibly we can assist Mr.. GoDKIN In his
public-spirited enterprise. by stating the
facts in recent case which is sure to in
terest him both as an individual and as a
profound moralist.
Since the present week began. we'll
known lawyer Of western Massachusetts
addressed to the Editor OF the Evening Post
a communication respecting Judge May
| NARD. The letter was intended by the
writer for publication in Mr.. GoDK1Ns
newspaper. 1t set forth certain points
which, in the Massachusetts lawyers
opinion. constituted a good defence ofJudge
| MAYNARD'S conduct in the matter OF the
EMoNs returns; and the correspondent
concluded his letter by demanding why the
| Editor Of the Erening Post persisted in call
| ing Judge MAYNARD a criminal.
With the merits OF the arguments ad-
| dressed by the Massachusetts lawyer to
| Mr.. GoDKN In behalf Of Judge MAYNARD.
| we have nothing to do. Good or INSULT
| Gent they do not affect the case which we are
bringing to Mr.. GoDKIN's attention. as con-
corning him personally. For one reason or
another. Mr.. GoDK1N. or the person acting
as his representative in the management
Of the Evening Post. was disinclined to
give his readers the benefit OF the Mas
sachusetts lawyers views. He did not
print the letter and demolsh its argu-
re- NV pf editorial
He contented himself with inscribing his
| comments on the face of the manuscript
submitted to him for publication. in the
form of such curtly written rejoinders as
False " and False again" Having thus
disposed summarily but privately Of his
correspondents arguments. the Editor of
the Erenin0 Post proceeded to return the
communication to the gentleman who wrote
| it: and to send him. Also back number of
the Nation. as the weekly edition OF the
Evening Post is called. containing marked
article of Mr.. GoDKIN's. entitled What
MAYNARD Did"
Thus far. Mr.. GODKIN. or his agent. was
clearly within his professional and legal
rights. The evasion OF a public reply to a
correspondent whose arguments he found
1t inconvenient to answer. and the gross
| discourtesy Of his private reply. may
have constituted editorial bad man
| ners. but no personal crminaIity was
involved. Nor is there any law against
the sending Of back numbers OF the Nation
to a man. however plainly that act may
| partake OF the nature Of personal injury.
| 1t Is only when we consider the method
| adopted by the Editor OF the Evening Post
for the transmission through the malls OF
| the rejected communication that the affair
| assumes a serious aspect.
The lawyer in western Massachusetts,
| has submitted to us evidence establishing
conclusively. In our judgment, the fact
| that the Editor Of the Erening Post. or
| some person acting for him. secreted
| the rejected manuscript within tho pages
| Of the back number OF the Nation. and
| sent the same to Massachusetts In
an unstamped wrapper as second-class
mail matter. In other words. the written
manuscript ornamented with Mr.. COP
KN's "Falses T" and False agains |" for the
transmission OF which the postal laws re-
quire first-class or letter postage. was con-
cealed in an envelope that procured its
carriage at a very much lower rate OF post
age; and the revenue of the Government
was wilfully defrauded to that extent.
This method OF swndling the Post ONCE
is prohibited by rigid laws. Of the existence
OF which the Editor Of the Evening Post can
hardly be ignorant. Even supposing him
to be ignorant. his legal responsibility for
the offence Is Just the same. Nor is pow
erty, in these hard times. or an avarcious
indlsposition to pay full letter postage. any
excuse. When the Editor OF the Evening
Post took advantage OF the low pound rates
at which the Government permits publish
ers to send the regular editions of their
newspapers through the mails; when he
! abused the privilege and the confidence
reposed in his personal integrity by the
Post Oflico authorities 30 far as to conceal
and smuggle letters In the newspaper bag.
he not only cheated the Government in
contemplate way but he rendered himself
liable to prosecution and punishment.
Such are the facts. The law is plain.
! Under the head OF Grimes relating to the