The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-11
MUST TAKE CHANCES
P0sToFFICE AUTHORITIES DE-
CLINE TO RULE ON MIR. STILL
MANS PAMPHLET
Is REFERRED TO A LAWYER


Observation-Disclosures Privilege Is
Brought Into Question In the Dis
eussion Of the Matter.
WASHINGTON Feb. TO- James w
Stillman, of Boston, Mass, has applied
to the postof1ce department for ruling
as to whether or not q pamphlet publish
ed by him under the title IA Protest
Against the Presidents War Of Crimina
Aggression" is mailable under the posta.
laws
has written Mr.. Stirlman saying in effect
that 1t Is not the duty of the department
to advise private individuals as to wheth.
er reasonable documents, which they
desire to circulate for the purpose of Civ.
ING aid and comfort to those in rebellion
or TO embarrass or hamper the operations
OF the army In the field, are mailable O,
otherwise. gil,f ssa-a..s
All l care to say, continues the reply
is that before attempting to mail any
matter that is calculated to give aid and
comfort to any person engaged In insur.
rection against the government, you had
better seek the advice of friend skilled
In law, whose services you would prob
ably require in case the government. con-
stdered your circulars Of sufficient i'm
portance to pay attention to them.
MR.. STILLMAN'S PLAN.
Last fall Mr.. stillman wrote the post
master general that he had mailed the
president, the members Of the cabinet
and members Of congress a copy of his
pamphlet. His intention, he said, was to
attempt to send a5O copies of the PAM
phiet to Congressman Fitzgerald. of Mass
achusetts, by express, and have him dis
tribute them. He declined to do this y
said Mr.. Stillman. but. offered to mail
He sent me 500 franked envelopes, and
told me to use them which / did, believ-
ing that had perfect right to do so"
Mr.. Fitzgerald acknowledged the re-
ceipt of copy OF the pamphlet In ques-
ton, and calls attention to section 1884,
r. s., which provides fine Of not more
than $1,000, nor imprisonment for more
than ten. years. to be imposed upon the
person who gives aid and comfort to
those who are engaged inErebellion or in
surrection against the authority of the
United States or the laws thereof. This
law. the postoffice authorities, say. could
be brought into effect as soon as it was
proved that any one was sending sedi-
tious matter through the mail.
The attention Of the congressman in
question was called to the report that he
had permitted the use of his frank for
the mailing: of the pamphlet entitled "a
Protest Against the Presidents War of
Aggression.
MR.. FITZGERALD NOTIFIED.
Mr., Fitzgerald, of Massachusetts, was
informed that it was not known. whether
or not Mr.. .Stiflman had reported the
factssin the case, but a request was made
of Mr.. Fitzgerald that such steps be taken
as would prevent the unlawful use of his
name for the purpose of securing trans
mission through the malls Of such litera-
ture, which, were 1T considered of suff1-
cient Importance, Would subject the par
ties, mailing 1T to lie penalty Of the law.
There As anitoAdb aaws which subjects g
party to a $40 fine for each Improper Use
of frank. 1t Is not believed, however,
that the statute is now in force, nor that
there is any punishment for the misuse of
a frank. The postal authorities say that
while4 there is q law providing a fine of
$500 for the misuse Of q penalty envel-
.o 3plsss'' there is apparently no ptinishnaent
for wrongfully used franked. envelopes
Efforts have been made to secure Leg
islation to remedy this defect but so far
nothing has been accomplished.
Another question which has arisen; In
this connection is whether or not, the
postal officials can intercept letters In the
mails when they are suspected OF being
of a seditious character. There is moth
lou s,r1f1 any.
action. In time of war, however, many
things can be done as matter Of mill
tary necessity, and upon this broad
ground it is believed reasonable matter
could be forbidden transmission through
the mails.