The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-11
Assistant Postmaster General Heath's
Advice TO James vi. Stillman,
Boston Anti-ImperfaIfst.
LATTER AN OLD OFFENDER
SAYS HE MAILED PAMPHLETS IN
DER A CONGRESSMAN'S FRANK.
Hong-Kong Junto FaIsehOOd Nailed
by Admiral Dewey-NO Agree
ment with AguinaldO.

man, of Boston, Mass, has applied to the
Postoffice Department for ruling as to
whether or not pamphlet published by
him under the title, "A Protest Against the
Presidents War of Criminal Aggression" is
mailable under the postal laws.
First Assistant Postmaster General Heath
has written Mr.. Stillman, saying in effect
that it is not the business of the depart
ment to advise private individuals as to
whether Unreasonable documents" which
they desire to circulate for the purpose Of
giving aid and comfort to those In rebellion
and to embarrass or demoralize the opera
lions Of the army In the field. are mailable
or otherwise. 'AI / care to say" con-
tinues the reply, lis that before attempting
to mail any matter that is calculated to
give aid or comfort to any person now en-
gagged In an instruction against the au-
thority Of the United States, you had better
seek the advice of friend skilled in the
law whose services you will probably re-
quire In case the government considers
your essays of sufficient Importance to pay
attention to them"
Last January Mr.. Stillman wrote. the
postmaster general saying that he had
mailed to the President. to each member of
the Cabinet and other officials in Washing
ton a copy Of his pamphlets. His original
intention was. he said. to send $40 copies of
the pamphlets to Congressman Fitzgerald,
of Massachusetts, by express and have him
distribute them. He, however, declined to
do this" said Mr.. Stillman "but offered to
mail them for me. which offer 1 accepted.
II off
velopes and told me to use them, which I
did. hoping that had a perfect right to
do so.''
In letter to the postmaster at Boston
the department acknowledged receipt of a
copy OF pamphlet In question and calls
the attention OF the postmaster to Section
1894, Revised Statutes, which provides a
fine Of not more than $4,000 or imprison-
ment for not more than ten years to be i'm
posed upon the person who gives aid or
comfort to those who are engaged in re-
bellion or instruction against the authori-
ties Of the United States or the laws there
of. This law. the postofice officials say.
could be brought into effect as soon as il
was proved that anyone was sending sedi-
tious matter through the mails
oeechtioh VI the congressman men,
toned by Mr.. Stillman was called to the
fact that 1t was alleged he had permitted
the use of his frank on envelopes in which
were mailed copies of the pamphlet entitled
"A Protest Against the Presidents War
of Criminal Aggression" Representative
Fitzgerald, of Massachusetts,. was informed
that 1t was not known whether or not Mr..
Stillman had reported the facts correctly
In the case, but request was made of
Mr.. Fitzgerald that such action be taken
as would prevent any unlawful use of his
name for the purpose of securing free
transmission in the mail of such literature.
which, 1t was believed, If the government
considered it of sufficient Importance.
would subject the party mailing it to the
penalties of the law.
There is an old statute which imposes a
fine of $40 for each improper use of a frank.
1t is not believed, however. that the statute
is now in force, nor that there is any PEN
atty for misuse of a frank. The postal
officials say that. while there is a law pro-
viding fine of $500 for a misuse of "pen-
atty envelope" there is apparently no pun
ishment for wrongfully using franked en-
velopes. Efforts have been made to secure
legislation to remedy this defect, but so far
nothing has been accomplished.
Another question which has arisen in this
connection is whether not the postal
officials can intercept letters in the mails
when they are suspected of being of a sedi-
tious nature. There is nothing in the postal
laws authorizing such action. In time of
war, however, many things can be done as
a matter of military necessity, and upon
this broad ground it is believed reasonable
matter could be forbidden transmission
through the mails.