The morning times. [volume] (Washington, D.C.) 1895-1897, 1896-08-21
MAY CARRY THEIR OWN MAIL
POstOffice Recedes From Its
Order Affecting Railroads.
Is FOUND TO BE ILLEGAL
Attorney General Declares That Such
Corporations Have n Right to Trans
port Letters Addressed ~ Them
seIvesor from Them toa Connecting
Line-Oniy Certain Matter Affected.

Acting Postmaster General Nelson yes
terday afternoon issued the following or
DER modifying The original uraCr of July 2,
which prohibits railroad and express com
panies from carrying their own mails:
At the request Of many of the railroad
companies OF the United States, the sub
ject matter of order NJ. i22 was, after
PRONUNCIATION, submitted u the \ ttorney
General fer his opinion thereon, which h c
rendered August IL, 1896. In view Of
this opinion II becomes necessary to modify
and explain said order SO as TO make it
conform To the conclusions reached by The
Attorney General, which conclusions are
substantially us follows:
l. The provisions III section 1O22, postal
laws and regulations, 1908, excepting from
the prohibition of sections 1885 and 1893,
Revised Statutes, all letters and packets
that relate ITO the business of the railroad
Oh which they are carried is correct
exposition of said sections: and hence Il
railroad company has right To carry
letters without the payment OF posta ge
that are written and sent by the officers
and gents OF the railroad company which
carries and delivers them, about its bust
ness, and these only.
WHERE THE LINE is DRAWN.
They may he letters To others OF its Of
ficcrs and agents, TO those of connecting
lines or 10 anyone else. 50 long rs 10 other
carrier intcrvenes The moment this Oc-
ours, such other carrier is transporting
letters for third person. Letters of Il
company addressed to officers or agents
OF a connecting line on company business
and delivered 10 an agent OF the latter
at the point Of connection may be carried
by the latter Oh its line, because such let
tiers become its OVID on receipt by anyone
of its agents, and transfer To another agent
without the intervention of another carrier
comes within the principles already eX-
pressed But any company OF officer or
cmplnyc thereof carrying letters which
are neither written by that company nor
addressed to it, is liable To the penalties
imposed by law
This is the rule. though the intervening
carrier may have an ultimate interest
in the uhject matter of the correspondence.
To illustrate: \ letter in regard 10 freight
carried from New York To san Francisco
written by the agent of the terminal line
In San Francisco To an agent OF the line
fiSI VIII WHICH IL Ids tons
nec,ion, may he carried and delivered 10
the ad,rcssee and then the agent OF the
connecting line, if interested in the same
subject matter, may write and deliver n
letter TO its next connecting line and SO
on through TO New York, hut IL the letter
he addressed in the first instance by the
San Francisco agent To the agent OF the
initial line at New York, it must he sent
hy mail or incioscd in a stamped envelope,
as required by Section 1898 supra.
ALL OTHERS EXCLUDED.
.. ltisnotlawful for railroad company
to carry, outside OF the mails, letters not
in government stamped envelopes, adj
dressed to other companies, corporations
or individuals, operating car lines teither
passenger or freiGht), hotels, restaurants
or any other class OF business connected
or not connected with the railroad proper;
bat these other companies, corporations or
individuals may carry their own letters
under the limitations above noted in refer
ence 10 railroad companies.
In order to answer numerous questions,
collateral To the main questions answered
by the Attorney General, which have been
submitted TO this department by interested
parties, railroad and express companies
and others will be guided by the following
definitions and rules:
RULES LAID DOWN.
1 The prohibitions of section 1855 supra
extend to letters and packets only. In
other words, the monopoly of carrying the
mails by the government is limited by law
TO these two items. Hence not only rail-
roads but others may carry outside of the
mails anything else. if unaccompanicd by
matter having tie character Of Il Personal
correspondence. In an opiniCR>e given the
Postmaster General June 90, 1881. At
torpey General McVeagh, speaking of the
meaning Of the words letter" and pack
ets'' as used in sections 1882 and 1888,
Revised Statutes. said: what is let
ter / can make no palmer than it is made
by the idea which common usage attaches
to it From the connection in which II is
used / have no doubt that packets means
a package of letters" and these definitions
have been adhered to by this department
ever since.
2. Railroad and express companies and
other parties carrying matter under seal
will be held TO know at tiIeir own peril
the nature of such matter and whether
it can be lawfully carried outside of the
mails or not. u WiLSON-
Postmaste r General.