The times. [volume] (Richmond, Va.) 1890-1903, 1897-02-07
BIBLE RS ENCLUDED.
4 Curious Case Regarding the Use Of the
United states Mails.

The extraordinary question as 10
whether a Bible or q Book Of Common
Prayer can be excluded from the mails on
the ground that it is fraudulent matter
is 10 bee argued i'm the federal courts by
Hon. Ben Butterw0rth.
When Mr.. Butterworth's term expired
he determined to remain at the capital
and devote himself 10 his profession.
with especial attention 10 litigation of 4
national nature. This led 10 his engage
ment by T. b. Hoover a broker. Of
Louisville. Ky who is in very serious
trouble with the postal authorities. A
feature of HoOvcrs business has been am
investment agency. The legality of some
of his transactions came INTO question,
and upon Investigation by the government
400 order WAS issued by the Postmaster
General dcrriving him completely OF the
use of the mails.
The order is OF such sweeping nature
that Hoover is not allowed 10 use the
mails for even social correspondence. lie
cannot write 10 even his wife. children.
parents. or n short. 10 any one Not
even postal card mailed 10y him VIII be
forwarded 20 the address Inscribed there
on All Of the mail he en4eavors 20 send
is returned 10 him. marked Fraudulent
This Is not tho most surprising element
iI INC case ~ iliAAA ANtNt N'''A ~ - re
Hoover will be- forwarded TO him hy the
postal authorities. il Is returned 10 the
parties sending IT, marked also Frau
dulent" Since Mr.. ButterwOrth was re-
tanned rs Hoover's counsel he has en-
deavored % correspond with him. but ail
of the letters he has addressed 10 the
broker have been returned. with the word
Fraudulent stamped in bold letters
across tho front Of the envelopes. Hoover
business has been destroyed by reason or
his inability TO use the mails. and upon
this fact he bases % suit of $4,000 against
the postmaster Of Louisville. which MI
Butterworth instituted for him In the
United States Circuit Court
As n part Of his preparation for the ar
eument. Mr. ButterwOrth has made some
peculiar tests \ few days ago be placed
n Bible I'm an envelope and addressed u
10 Hoover II was returned. marked
Fraudulent" He then endeavored 10
send n Book OF Common Prayer 70
Hoover in the same manner. II. too, was
repudlated by the postal authorities. ana
came back 10 Mr.. Butterworth. labeled
"Fraudulant" Mi ButterWOrth VIII ar
cue that Congress Is vested with no au-
thoritv 10 enact 4 law Of sucn sweeping
character as 10 deprive Hoover OF ms
rights rs an American citizen. lie VIII
contend that under the Constitution ot
the United states, mail sent by or lot
Hoover cannot be excluded by the Posi-,
master General unless 10 can be proved
that il Is really Of fraudulent nature.
There is n statute in existence when the
postmaster general CONSTITUTES 20 siIe nun
"A right To be the sole Judge or what shali
no admitted and what shall be excluded
from the mails. and he IS acting under
rho s,,pposition that his decision In such
questions rs that OF a monarch OF all he
Az far as Mr. Butterworth knows this
Is the only case OF the exact character
ever brought into the federal courts. lie
expects that the courts WIZ reverse inc
doc,sion ~ IN. Postmaster General. and
hold that mail must be fraudulent TO be
excluded