The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-24
CHARGE AGAINST ELKINS
Alleged Use of His Franking Privi-
lege for Political Purposes.
The West Virginia senator Accused
of Sending Out Mt the Governments
pnign Speeches Made at Charles
ton - Afidavits on the Subject

Senator Elkins is charged with having
defrauded the Government, out of the pos
tai charges on 100000 copies of a speech
delivered by him at Charleston. w. Va.
July II, by permitting 1t to be sent
through the mail in envelopes bearing the
printed inscription: ~. S. Senate Part
of Congressional Record'-Free." stamped
with the frank: Stephen B. Elkins' Aft
davits to the above facts are given below.
The speech was made upon the occasion
of the West Virginia Republican State
chairman. one month after the adjourn
ment of Congress. The speech was no
part of the Congressional Record and
the sending OF it through the mail was in
direct violation of law.
When the attention Of the Postoffice De-
partment was called to the matter. the
Off .ials of the First Assistant Postmaster
Generals office, who have charge of the
violations of the franking privilege. adj
mitted that the Senator had transgressed
the law, and stated further that the plea
of the use of his frank without his knowl-
edge was no palliaticn, as every Member
of Congress was supposed to protect his
frank
The law is very plain on the subject,
and expressly states wat public docu-
ments may be sent fTee-"and further
that the Congressional Record or any
part of it may be sent free''-but nothing
else. The cost of sending these docu-
ments would not be less than l cent each.
making total of $1,000 for the whole. If
a Republican Senator can muIct the POST
office Department out of 81, 600 without be-
ing answerable to law, there is no reason
why he could not make 1t 100000 or more
just as he pleased. 1t is strange that the
Postofiice Department can ind 10 law to
cover this case, and yet could easily dis
cover authority to seize the anti-impe-
REALISTIC literature sent out by Edwin At
kinson
Representative Loudcnslager. who is in
charge of the Eastern headquarters of
the Republican Congressional Committee
and under whose ju7iadietion West Vir-
ginia comes. refused. tn commit himself
as to whether or noe Senator Eltins was
guilty of violating the law, without know
ing all the particulars connected with the
affair.
The offence is not punishable, as no
penalty is prescribed. but upon the at
tention of the presiding officer of either
house of Congress being called to the mat
ter. the culprit may be brought to the
bar and reprimanded for conduct unbe-
coming member of the law-making
power of the land.
Herewith are attached affidaTits of two
reputable citizens of Cabell County W.
Va, one a merchant, the other an attor-
ney-at-law:
State OF West Virginia Cabell County. TO wit
T. S Scanlon. being FIRST duly sworn by the
undersigned authority, says: That he is a resi-
dent Of the City Of Huntingdon. West Virginia.
and is engaged in the retail shoe business in said
city.
That about five or six weeks sgo a regularly
employed United States mail-earrier. Of said
city. while duty and delivering United States
mail, left in my store, In said city. Congress
sional ranked envelope containing therein the
speech Of Senator Stephen B. Elkins delivered At
the Republican State Conversion at Charleston
on July Il, 1900; that on said frasked envelope
were the words, Senate United States, part Of
Cong. Record-Free.'' and on another corner
the autograph signature OF s b. Elkins, U. s. s;
that no postage or stamps o. any kind were or
said envelope; that said envelope was not sealed
and vas addressed to NJ. b. davis, Republican
policeman of the City Of Huntington: that il
is custorn of Mr.. Davis to receive his mail at
my store where it is left by the mail carrier.
~ T. s. SCANLON.
Sworn and subscribed 10 before me in said
county this 18th day of September. 1900.
o. ]. WILKINSON, Notary Public.
State Of West Virginia. Ca5ell County, to wit:
Herbert Fitzpatrick, being hrst duly sworn by
the undersigned authority. says: That he IS
resident Of the City of Huntington. West Vir-
ginia and is practicing lawyer at the Cabeu
County bar. 81
That about five or six weeks, ago in the
store of Mr. T. s. scanlon.la merchant of
Huntingdon and WAS shown u Congressional
franied envelope directed unsealed, to II. b.
DAVIS, Republican policeman Of the said city;
that the said envelope bore stamp but it
were thu following Words Senate United States.
Part Of Cong RecorG-Free,'' and also the auto
graph gnature Of s b. Elkins. U. S. S.
This aff4nt further says: That the envelope
was then shown to him by Mr.. scanlon to con-
tain nothing except the speech delivered by
Senator Stephen b. Eikins at the State Repub-
licaa Convention held in Charleston, W. Va.
HERBERT FITZPATRICK.
Sworn and subscribed to before me in this, my
said county, 18th day Of September, 1900.
0. J. WILKINSON. Notary Public.