The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-03-16

the rights of the prisoner. An officer thus
knowingly opening a letter not addressed
to himself nor TO any one under his i'm
mediate charge, subjects himself 10 IN
dictnent under section 1892 X. 5
Assistant Attorney General Bryant said
regarding the question as to whom de
livery should be made of registered and
ordinary mail matter addressed TO = con
Wet:
- have to advise that the same should
be delivered to the warden or officer in
charge of jhe convict, for delivery TO him
under such rules as obtain in the prison
or place Of confinement No delivery
should be made To those VINO in case OF
his death would be his legal heirs or en-
tilted 10 his personal CStaJe, as a general
rule without his written order. If he Is
cIVi-iy dead that is. treated as dead by
reason OF sentence to imprisonment for
NE. II would be the U3TdenS duty 20
tuTa over to his administrator anv val
liable thing sent to the convict. which
under the prison rules, it was not proper
or allowable fer the prisoner to have. but
1t is not the function of the postmaster
10 de-i-er the mail of a convict to his
heirs. unless authorized to do SO 10y the
couyicJS order
Assistant Attorney General Thomas
opinion is II part as follows I have 10
say thar letters addressed 10 4 person
imprisoned and awaiting trial upon in
Citti-4"Ht. should be delivered according
to tire order CT the person addressed at
any time before conviction and sentence
II such a person were released ON bail.
IItS3ineS every person 10 be Innocent
until convicted by . jury the inability
10 give bail ought not 10 deprive him Of
3 the right TO control the correspondence
. addressed 10 him through the mails Until
. alter sentence. therefore. the letter must
i'e subject 10 the order of The person i'm
FrISOHed. unless upon judicial proceed
ms authorized seizure Of the letters IS
made IN accordance with the decision of
the United States Supreme Court in ex
parte Jackson, 6 Otto ST.
IN the absence Of any order from the
prisoner II this case. or his attorney. this
letter was properly delivered TO the Sher-
Having been thus delivered, the care OF
the Government over 1t ceased And If il
should occur that the municipal author
. tiles VIII not suffer the prisoner 10 receive
his mail. and the prisoner will consent
that such mail shall be delivered to the
prison authorities. 1t may be delivered to
q person authorized by the prisoner to re
c@ive it; and If no such person shall have
been designated. such matter may be
treated as nOn-deliVerable-
IN this connection, / viii add that the
above ruling does not deprive the Sheriff
/ or other persons having l. custody par
| ties convicted of-or charged with-crisGle,
| regulations to prevent the delivery of let
terS TO the prisoners. or TO prevent letters
being sent out by prisoners to other par
ties The only point l now decide Is that
the prison authorities have no right to
open and inspect letters addressed 10 or
sent or the latter They can however.
retain such letters unopened which may
come into their possession until such time
as the parties may be tried. or released.
or the letters otherwise disposed Of under
! judicial process"