Evening star., 1897-10-27
The Manner in Which "Fraud Or
ders" Have Been Issued.
POSTMASTER GENERALS POWERS
Action Taken on Ex-Parte EMi.
dence.
MR.. NER'S OPIN ION

If there is any one process of the United
States government that can be likened to
star chamber proceeding 1t is the manner
in which fraud orders. depriving the indi-
vidual against whom they are directed of a
right to the use of the mails, have been
issued since the law giving the Postmaster
General this authority was enacted by Con-
gress. The practice that has governed in
these matters has been for the Postmaster
General to issue a fraud order in any case
in which, in his opinion. they should be
issued to prevent fraud. and 10 provision
has ever been made giving the accused per-
son the right of hearing. Indeed, IL has
never been necessary even to state the
case clearly to the accused person.
The Law i'm the Case.
The law provides that 1.-The Postmaster
General may, upon evidence satisfactory to
him that any person or company is engaged
IN conducting any lottery, gift enterprise CT
scheme for the distribution Of money or Of
any real or personal property by lot, chance
or drawing of any kind, or that any per-
son or company is conducting any ether
scheme devised for obtaining money or
property of any kind through the mails by
means Of false or fraudulent pretenses, rep
Iesentations or promises" give the neces-
Sary instructions to postmasters for with
holding registered or other letters or re-
turning them to the writer's marked
fraudulent" and may forbid The payment
of money orders addressed to persons
under the ban Of the Post Office Depart
ment.
This provision of law leaves the matter
entirely in the discretion of the Postmaster
General. 1t provides for no hearing for the
accused person and court decisions have
been to the effect that there can be no ap-
peal from this decision. 1t is easy to see
how such great authority might lie abused
and the power to issue fraud order be-
come means of persecution and injustice.
Since Mr.. Tyner. the assistant attorney
general for the Post Office Department,
came into office he has made a departure
from the ordinary proceeding in these
cases. He Is the officer who Investigates
such matters for the information of the
Postmaster General. who is the one to
sign fraud orders. Speaking to Star re-
PORTER today, and when asked If he did mol
regard the usual manner of procedure in
the issuing of fraud orders as in the nature
of star chamber trial. he replied:
One-Sided Hearings.
II would not like to use that term con-
corning 1t. Almost all fraud orders that
have been issued have been based on ex
parte evidence. The great bulk of them
have been issued without giving the ac-
cused party an opportunity to be heard.
l have thought that that was improper,
because the law provides for the depriTa-
"
rights. that of using the mails. and, while
1 recognize the importance of purging the
mails. through the provisions of law, of
everything of an obscene or dishonest kind,
l have thought that any person against
whom complaints are lodged should have
as much right to appear and explain his
business as any person charged with a
crime or misdemeanor has to answer the
charge in court. True. the trial in such
cases cannot be anything like the trials in
the courts of justice or criminal courts,
for the reason that the department has no
power to summon witnesses and compel
them to testify, and to send for persons
and papers, or to do anything except to
obtain information, through such channels
as are open to it. For that very reason,
because the evidence against the accused
party must of necessity be ex-parte, L have
thought that it was only common fairness
to give the accused person an opportunity
to answer charges. Many cases that are
brought before this office are so palpably
fraudulent upon their face, by which /
mean the terms and promises of an adver-
tisement or circular, that, in my judgment
they may be condemned without further
examination upon the provision of the law
which prohibits any circulation through
the mail CT schemes devised for the pur-
pose of obtaining money, etc, under false
pretenSes.'
During my former term as assistant at
torney general l exercised reasonable eau
ton in mcst of these cases, but the sub
sequent reflection of four or five years has
satisfied me tnat even more than the ex-
ercfse of ordinary diligence should be OBJ
served, and the party himself given the
opportunity to defend. L have adopted that
plan, and rarely issue q fraud order with
out notifying the party that he can appear
In person or by attorney, or explain his
case through communication, to De sub
mitted by certain date. If he comes, in
this way We hear him and act accordingly
If he fails to come. We proceed to act in
his absence. Such a thing, however, as a
/ re tracted hearing until the case of John
Wedderbuln & Company came up, involv-
ing hearing running through several
days, was unknown to this office Hence
it follows that that is exceptional and I
certainly hope it may not be repeated I'm
the future. Recently and for three or
four months the fraud order which was
prepared for the signature of the Postmas-
ter General has been accompanied with q
brief statement Of the facts upon which
it is based"
DO you think it would be desirable" Mr..
Tyner was asked by the reporter, Ito have
further legislation in regard to the issuance
of fraud orders in order to insure fairness
to accused parties?"
LegislatiOn Not Deemed Necessary,
II do not think 1t necessary to change the
law. The execution of it with reasonable
care is all that is needed. The Postmaster