Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-05-17


kept distinct from each other The in
dependence Of each of these govern
mental functions from control and en-
croachment by either of the other
branches OF government, is one of the
principal safeguards Of our liberty. You
VIII bear in mind that the post office
department, with the postmaster gem
eral at its head, is simply an executive
department organized for the purpose
OF carrying out the law passed by the
legislative branch Of the government.
III mas no power to alter, enlarge or
aDrlQge your rights under the laws
passed by Congress. Its duty is simply
to carry these laws into effect. The
one power which the post Office depart
ment has as an executive branch of the
government in the way of making
regulations is solely along the lines OF
administering the law. 1t may by
regulations create the machinery for
carrying the law into effect.
White an executive department such
as the post Office department has no
judicial functions il is quite frequently
necessary that an officer in admin
lstering any law shall place some Ger
tain interpreta ton upon the law in ap-
plying il to various circumstances. This
is particularly true when a law is first
passed having no Interpretation
through court proceedings. So far IS
an executive officer is called upon to in
terprct and apply the law in a manner
that may materially affect the rights
Of others, to that extent his act is in
the nature OF judicial decision ana
should De subject to the general prin-
cipltS that apply to judicial decisions.
In Other words. after an executive de-
partucut of tn" government has given
he law q certain Interpretation, on the
basis Of which Interpretation business
adjustments nave been made to such
Ian extent that any change in such
regulation would greatly iniure the
parties concerned, such executive dc-
partment HAS absolutely no right to
change sTch +, gulation. There is no
principle Of law any more thoroughly
established by tho courts of our coun-
try than this. that when the law has
been interpreted ana definitely fixed by
judicial decisions, subsequent courts
must recognize these decisions. Per
NANCY in the law is recognized by the
courts as Of more importance than ab-
solutr perfection.
Our present postal law was passed in
1919. SO far as ii relates to second
class mail it has remained unchanged
since that time, except that the rate Of
postage WIS reduced in 1855 from two
cents 70 one cent pound and with the
exception Of the act Of 1924. admitting
publ 'ations issued by fraternal sccie-
tics. trades unions ana regularly inCOr-
porated institutions of learning to sec
ond-class privileges. On all subjects
where privileges heretofore enjoyed by
publishers have been recently denied
them, the law has not changed since
1879. For over 20 years our pres
ent postal law was. administered
with such a degree of uniformity and
with such apparent disposition to be
| fair with the publishers that no grave
| differences arose during that time be
| tween the publishers and the post office
| department. During the last two years
! there has been great agitation among
publishers issuing second-class mail.
| Regulations have been made that have
ruined the business of many publishers
| and the whole fraternity is wondering
what Will happen next. What has
created the change? What is there in
| the situation that should make the last
two years of warfare so radically diff
! farort fro,, tba ~ wars ~ naaca navf
nrecedinf,p -,bo.a vbo ,ra familiar
u-ith tho farts have ! rfrbt 10 draw
tbei,. own conclusions I shou only at-
to,,,nt +o .,ir, x-o,, tho FACTS
! AZ va,io,,s times the uost,rastars
General III .hai,. animal ranorts have
r,IIal ,tt,,,ior "a ~. subiact Of ..bouea
o,.ersng" ,a,ar-co,orad hooks ana
s.mnIe COMICS This b,s usuaIIv hcen
done HI connection with TIA discussion
N M lafcit of M mast office danart-
mont ,rb.., ,.,,ort,, have ueuaIlv stot-
al mt If tho s,r,,.le-co,,. ,,riyi1aoas
,,n,... ,,.,,,o,..d All .ho,,ea ort,,ne., alini-
mated HAN ,r,ner-eo1.,.1..d hooks excIud
ed from srrou,-cIass mail PRIVILEGES
the deficit would thereby he reduced
70 any one who knows the fact that
there are half Il dozen places where
tile whole deficit could be wiped out if
The Department We're seeking to con-
duct the posted service on business
principles, but which for good reasons
lare never mentioned in any Of the re-
uorts az the pogtmugtors general. the
Consideration Of no small amount. II
l,nv that would he saved through the
,afo,ns suggested in these reports