The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-09-08

It Involved the Constitutionality Of the
Law Under Which Lottery Business il
Excluded from the nIail-The Company
Sought TO Have Postmaster Enjoined
from Withholding Its NIail-Judee Put
nam Decides Against the Company.
In the United States Circuit court yes
terday, Judge Putnam made decree in
a case which has attracted attention all
over the United States and one on which
largely depended the success of the gov.
eminent in suppressing lotteries and gift
enterprises, The case was that of the
Fairfield Floral company against W. j.
Bradbury, as postmaster at Fairfield, and
was in the form of an equity proceeding
to secure an injunction against the post
master restraining him from comply ing
with an ordar from the post office depart
ment forbidding the delivery OF mail to
the complainant company. The decree
by Judge Putnam dismisses the case,
sustaining the postoffice department ard
allowing the costs to the defendant.
The case became one of note because it
involved the constitutionality Of the law
upon which the post Office department.
relies to exclude from the mails the bust.
ness of fraudulent nature. Had the law
been found to be unconstitutional it is
said that 1t would have opened the door
to a resumption of business blythe
Louisiana lottery and it is said that that
famous concern or one like it would
have been promptly put in operation had
the decision of thu case made it possible.
At the hearing on the motion for per.
manent injunction, among the spectators
were representatives of about 90 concerns,
whose business was such as to cause their
representatives to take great interest in
the proceedings.
The case has been in the courts since
last spring. On the 23d of March the
post office department. Issued fraud"
order forbidding Postmaster Bradbury
to deliver mail to the Fairfield Floral
company, on the ground that the oompa-
ny was using the mails for fraudulent
purposes. The mail was of large amount
and its stoppage brought the business of
the company to a standstill. The compa-
ry, through it's attorneys, Hon. William
T. Haines of Waterville, and Thomas j.
Boynton, Esq. of Boston, then brought
the suit, alleging that the law under
unconstitutional in that it deprived the
company OF the use of the mails without
hearing Or means of redress. Following
the usual custom In such cases the post
office department. asked the department
of justice that the district attorney for the
the suit. The case first came before Judge
Putnam on a motion for o preliminary
injunction and was argued on the consti-
tutional point raised by the complainant.
Judge Putnam issued the temporary in
junction and Postmaster Bradbury again
began delivering mail to the company.
Then the case was carefully prepared for
presentation on the motion for perma-
nent Injunction. The department of JUS
tice left the matter entirely in the hands
of District Attorney Dyer, giving him no
Instructions az to the method to be fol-
lowed IN the conduct of the case. In his
conduct Of the matter Mr.. Dyer has shown
that this confidence of the department
was not misplaced.
Before the matter came up for final
hearing testimony was taken as to the
company's business methods. From this
testimony, the district attorney aTuged
that the business of the company was in
tended to defraud and that it did not
come into court with clean hands. Much
of the testimony was an interesting de-
scription of the business methods of the
company. 1t was shown that the floral
company advertised extensively; that it
was in the business Of making artificial
flowers to supply the demand of large
wholesale stores and that it would en-
ploy people to do this work in their
homes, it being stated in the advertise
ments that in some cases the pay wa s
considerable. In addition the advertise
ments contained various testimonials
which the government claimed to be
fraudulent. There were many answers
to these advertisements the company s
mail at the time tine fraud order was is
sued being some 5000 ordinary letters and
several hundred registered letters daily.
The mode by which the company con-
Quoted Its business was shown to be as
follows: The advertisements requested
that four cents should be sent to the com
pany by those intended to learn to make
flowers In response to this there was
sent back ''request for S25 instructions
Free" This required 80 cents on the part
of the applicant. Having sent the 81
cents the applicant got in return the SIS
certificate and the instructions. These
were some directions for branching ar
tificial flowers. With the instructions
was sent statement that the applicant
would need beginners outfit which the
company offered to send for SO. When
the applicant with the beginners outfit
had made some samples acceptable to the
company, he was notified that he would
be given employment, but must buy ma
terials of the company to the extent OF
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