The evening times., 1897-02-11
EVEN THE BIBLE EXCLUDED
Returned to a Louisville Broker
as Fraudulent Mail Matter.
ALSO A BOOK OF PRAYER
he Was Conducting an Investment
Agency Which Has Come Under
the Ban of the PostOffice Depart
ment-Its Authority to Be Ques-
toned in Court,

A case that will soon be argued in the
United States circuit court at Louisville.
Ky, will decide the extraordinary ques-
Prayer can be excluded from the mails on
the ground that it is fraudulent mat
ter
This unique proposition has arisen in
suit for $5O,0OO damages, brought by
T. B. Hoover, a broker, against the post
master of Louisville. Hoover has retained
the Hon. Ben Butterw worth, OF this city,
as counsel
A feature of II oover' business has been
an investment agency. Some time ago the
legality OF one OF his transactions came
into question and the Postmaster General
issued an order depriving him completely
OF the use Of the mails. SO sweeping was
this order in its general effect that Fl cover
has not heen allowed to use the mails even
for social correspondence. He cannot even
send a letter to his wife and children.
In fact, so far as the mails are concerned.
he has been completely cut off from the
outside W orld.
An the mail he sends is returned to him
marked Fraudulent This inability 10
use the mails has completely ruined
Hooyer's business, and it is on this fact
that he bases his suit.
soon after Mr.. ButteTworth was employed
as counsel in the case, he Immediately
pIoceedcd to make some peculiar tests
to ascertain Just how far the law was
being carried.
Among other things. he placed Bible
a tn
1t was promptly returned, marked Fraud
ulent" With unremitting energy, the
ex-Congrcssman then endeavOred TO send
a Eook OF Common Prayer to Hoover IN
the same manner. II met with the fate
of its predecessor, the Bible, and was
plomptly returned with the regulatory
term, Fraudulent" stamped on its face
Now, Mr. Butter worth contends, with
religious feryOr, that neither the Bible nor
the Book OF Common Prayer is fraudulent;
also that Congress had no power TO invest
the Postmaster General with authority
that is so sweeping in its character. Ar.
Butterworth will also fight the case on
constitutional grounds.
II do not think said he, 'that the
Postmaster General has any right TO as-
sumo the role of dictator in this matter,
and exclude all mail sent 10 NJ client,
unless he can establish the fact that IL Is
fraudulent The bare asSumpt ion that
all mail matter sent and received by
Hoover is fraudulent is not sufficient
grounds for the postal authorities to re-
pudiate the delivery.
This is the nrsJ case OF its kind ever
tried in this country, so far as my pro-
fessional recollection goes" cOntin ued
the ex-Congressman, but l have DO doubt
that the federal court will reverse the de-
cision of the Postmaster General, and
hold that the mail matter must be proved
to be fraudu=st before it can be excluded
from the mails"
In the meanwhile. fierce fight is being
waged between Hoover and the Kentucky
postmaster The latter, however, seems
to be master OF the situation, and for the
present, at least, is monarch Of all he
surveys"
Hoover, in the meanwhile, is safTerlng
a business and social OstTa cisrn, so far as
communication with the outside world is
concerned. What will be the outcome OF
the struggle is being watched with great
interest, and many speculations are being
indulged in whether the isolated broker
or the obdurate postna aster viii come out
on top.