New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-11
MR.. STILLM4N'S PAMPHLETS.
POSTAL AUTHORITIES ADVISE HIM TO CON-
SUIT A LAWYER BEFORE SENDING
THEM THROUGH THE MAILS

Washington, Feb. 1o.-James ". stillman. OF Bos-
ton. has applied 10 the Postoffce Department Tor
a ruling to whether or not 2 pamphlet pub
lished by him under the title. "a Protest Against
the Presidents War Of Criminal Aggression Is
mailable under the postal laws.
The First Assistant Postmaster-General. Mr.
Heath, has written Mr. Stillman, saying in effect
that II is not the business of the Department to
advise private individuals TO whether treason
able documents" which they desire circulate
for the purpose Of giving aid and comfort 70 those
in rebellion and embarrass or demora4lze the
operations Of the Army in the field are madame
or otherwise. "An I to say continues MI
Heath is that before attempting to mail any
matter that IS calculated to give aid comfort
to any person engaged in an instruction
against the authority Of the United States you had
better seek the advice OF a friend skilled in the
law whose services you will proba bly, require in
case the Government considers your essays OF
sufficient Importance 10 pay attention &c them
Last January Mr. Stillnan wrote the Postmaster
Ceenral saying that he had mailed TO the Presl-
dent 10 each member Of the Cabinet and TO other
officials in Washington a copy of his pamphlet His
original intention was, he said, to attempt 10 send
$50 copies of the pamphlets to Congressman Fttz-
gerald Of Massachusetts by express and have him
distribute them.
He. however, declined to do this" said Nj Still
man. but offered 10 mail them for me, which offer
I accepted He afterward gave five hundred
ranked envelopes and told me to use them, which
I did thinking that I had perfect right to do So
a letter TO the postmaster al Boston the A'e-
partment acknowledged receipt or a copy of the
pamphlet in question and called the attention OF
the postn1sste Section 5334 Revised Statutes,
which provides fine OF not more than SlOOOO or
IMPRISONMENT for not more than ten years 10 De
imposed upon the person who gives aid or coInIort
TO those who engaged in rebellion or Insured
ton against the authority OF the United states or
the thereof This law, the postoflce orhclals
say, could brought into effect as soon as Il was
proved that any one was serding seditlous matter
through the mails.
The attention Of the Congressman mentioned by
Mr.. Stilman called TO the fact that II was al
legged that ne had permitted the use OF mis- frank
on envelopes in which were mailed copies OF the
pamphlet entitled A Protest against the Presi-
informed that il was not known whether or
Mr.. Stillman had reported the facts correctly
in the case but a request was made that such &C
ton be taken would prevent any uni lawful use
of his for the purpose OF securing free trans
mission in the mails of such literature. which, II
sufficient importance. would subject the person
mailing II TO the penalties Of the law.
There is old statute that imposes fine Of SO
for each improper use OF frank It is not be-
naved. however. that the statute Is now in force or
that there penalty for misuse OF a frank.
The postal officials say that. while there is law
providing a fine Of $500 for misuse Of a penalty
envelope there is apparently punishment FOR
wrongfuliy using franked envelopes. Efforts have
been made to secure legislation 10 remedy this de-
Another question which has arisen is whether or
the postal officials intercept letters in the
mails when they suspected Of being OF 4 Sc
dIJiOus character. There is nothing IN the postal
laws authorizing such action IN time OF
however, many things can be done as matter Of
is believed. reasonable matter could be kept out
OF mails