Omaha daily bee., 1900-02-11
THROUGH THE NAILS
How a Massachusetts, Congressman Aided in
Distributing Pamphlets,
AUTHOR wARNEU BY POSTAL OFFICIALS
Boston Wan Who is the EmuIator of
His Distinguished Fellow Towns
man, Atkinson-Frnnkcd En-
veIopes Loaned Him.

WASHINGTON, Feb. 1O.-James w. Still
man Of Boston. Mass, has applied to the
Poetofice department for a ruling as to
whether or not a pamphlet published by
him under the title, "A Protest Against the
Presidents War of Criminal Aggression" is
mailable under the postal laws. First AS
sistant Postmaster General Heath has writ
ten Stillman, saying in effect that ii is not
the business of the department to advise
private individuals as to whether treason
able documents, which they desire to circu-
late for the purpose of giving aid and com
fort to those in rebellion and to embarrass
or demoralize the operations of the army
in the field are mailable or otherwise.
All l care to say" continues the reply,
lis that before attempting to mail any mat
ter that is calculated to give aid or COM
fort to any person now engaged in an in
surrection against the authority of the
United States you had better seek the adj
vice OF a friend skilled in the law whose
services you will probably require in case
the government considers your essays of
sufficient Importance to pay attention to
them"
Last January Stillman wrote the post
master general saying that he had mailed
to the president, to each member OF the
cabinet and other officials at Washington. a
copy OF his pamphlet. His original inten-
ton, he said, was to attempt to send $50
copies of the pamphlet to Congressman
Fitzgerald OF Massachusetts, by express and
have him distribute them.
rnnkc Envelopes Are Used.
He, however, declined to do this" said
Stillman, but offered to mail them for me,
which offer l accepted. He afterward gave
me 500 ranked envelopes and told me to
use them, which / did, hoping that l had
a perfect right to do So"
In a letter to the postmaster at Boston
the department acknowledged receipt of a
copy Of the pamphlet in question and called
the attention of the postmaster to section
1884, Revised Statutes, which provides a
fine Of not more than &c., 900 or imprison-
ment for not more than ten years to be
imposed 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 thereof.
This law the postofice officials say could
be brought into effect as soon as 1t was
proven that anyone was sending seditious
matter through the mails.
The attention of the congressman men,
toned by Stillman was called to the fact
that it was alleged that he has permitted
the use Of his frank on envelopes in which
were mailed copies of the pamphlet.
Representative Fitzgerald was informed
that it was not known whether or not Still
man had reported the facts correctly in the
case, but a request was made of Fitzgerald
that such action be taken as would pre-
vent any unlawful use Of his name for the
purpose of securing free transmission in
the mails of such literature, which it was
believed, If the government considered it Of
cN Hininnf itnnnrtonan un,,1l euL,,,4 A.
party mailing it to the penalties of the law.
Might BE Forbidden Transmission.
There is an old statute that imposes a
fine of SO 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 a misuse of a frank. The postal
officials say that while there is a law pro-
viding a fine of $500 for a misuse of a
penalty envelope" there is apparently no
punishment for wrongfully using a ranked
envelope. Efforts have been made to secure
legislation to remedy this defect, but so far
nothing has been accomplished.
In time of var 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.