Sunday Washington globe., 1902-05-11

Crushed
Third Assistant Postmaster General Mad
den got it in the neck the past week when
that eminent Jurist, Justice Bradley, handed
down a decision on the Russian autocratic
acts of that imported Canadian. IF II. Cay
lord Wiltshire, instead of migrating to
Canada had appealed to the courts he would
not have been put to the trouble and ex-
pense of eXpatriatiug himself and his
magazine to Toronto For certainly his
magazine is more of a literary publication
than the publications in favor of which
Justice Bradley decided The case came
before the court in the form of an iniuuc-
tion brought by r. W. Haynes and Duane
L. Fox, counsel for the Railway Equip
ment and Publication Company, against
Postmaster General Henry c. Payne. The
decision was rendered upon the demurrer
6led by the Postmaster General to the com.
Dlaiuaut's bill for an injunction to prevent
the Postmaster General from charging
third-class rate instead of the second class
rate upon the complainant's publication
known as the Pocket List of Railroad
Officials.
This was the first injunction case brought
to determine the power Of the Postmaster
General to charge the higher rate under
departmental regulation promulgated on
July II, 1901. Under this amended regu-
latiOn the Postmaster General has excluded
from the secoud-class rate a very large
number Of publications. several of which
cases are now pending in the Supreme
Court Of the District. Justice Bradley also
decided two mandamus cases involving the
Official Railway Guide and Official List.
The purport Of Justice Bradey's decision
is that the regulation promulgated by the
/ Postmaster General goes beyond the law,
aud is practically IN amendment of the law,
which the Postmaster General had no power
to make. In the mandamus cases the
justice ordered writs to issue restoring the
/ second-class privilege to the publications
involved, and in the injunction case the
justice continued the injunction preventing
the Postmaster General from refusing to
carry the Pocket List at the lower rate Of
postage.
About a week ago the Postmaster General
sought to have modified the applications
filed by the publishers, in order to compel
them to give security for the difference be-
tween the rates of the second and third
class mail, that the Post-office Department
might be properly reimbursed should the
cases be decided in favor of the depart
ment. This motion to modify was over
ruled by Justice Bradley, however, as he
stated he intended to render a decision
effecting these cases shortly.
In his opinion Justice Bradley stated that
the Postmaster General has read into the
law provision which he had no authority
to make in framing the regulations, and
that he had no right to bar the publications
4 -
matter
The object of the ruling was to prevent
the sending of pure advertising sheets
through the mails at the pound rate The
postal authorities included in this list a
number Of publications that are issued
monthly aud weekly by various firms and
business concerns. Most important among
these were the various railway guides and
publications relating to railway matters
These papers, books and magazines are
issued to a certain class of people and con
tain news matter, it was couteuded, of i'm
portance to this class. The directory of
railway officials of the United States pub
ished in several of these books and papers
was given as an instance of the importance
these publications are to the officers of
other railroads on account of the changes
that are always being made in the executive
stats Of the great transportation lines of
the country.
There are between fifteen and twenty
cases now before the District courts iuvolv-
ing publications of different class that have
been barred from the second.class mail
privileges.
Mr. Madden must feel considerably cheap
ened at the reduction of his head to its nor
NAL size, OF course, the new Postmaster
General, while osteusibly the party to the
suit, has had nothing to do with the rulings
of the Department and the exclusion Of the
publications from the mails. Madden in
augurated this war under Mr.. Payne's pre-
decessor, Emory Smith of fragrant memory,
and branched out from excluding fake ad-
vertisiug medical and other schemes in
pamphlet and folio form from the privileges
Of second class matter to monthly maga-
zines of the Wiltshire class, which are as
legitimate publications as the daily news
papers. Madden even tackled weekly news
papers, the politics of which he did not ap-
prove, and attempted to exclude all such
from the -Abbeal 10 Reason to William len.
nings Bryan's CoWWONer
The Third Assistant simply lost his head
and imagined that his ibSs dirit could set
aside aud override statutory law In fact
Justice Bradley specifically states in his de-
cisiOu that Madden 1.-THE P. NJ c. enacted
laws of his own and ignored the statutes
enacted by the Congress of the United
States governing postal affairs.
Mr. Madden can now go away back and
take a vacation 20 his native Canada. His
laws have been repealed by Federal Judge
and even Maddeu's imPudence will not and
dare not reach the height OF refusing 20
comply.
Come back Mr.. H. Gaylord Wilshirel