Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-05-12
USE OF THE MAILS.
U, S. Court Decision Reverses Order
of Postmaster General.
Ruling is Of Special Interest to Augusta
Citizens.

In the supreme court Of the District of
Columbia. at Washington Justice Brad
lev has rendered very important deci-
sion affecting the validity of the order
issued by Postmaster General Smith. last
fall, excluding from the privileges Of the
second-class rate of postage the so-cailed
premium publications. Justice Bradley
held. in effect, as the decision is generally
construed, that the department order goes
beyond the law, and is practically an
amendment of it which the postmaster
general has no power to make.
The decision was rendered on the de-
murrer filed by the postmaster general
to the bill for an injunction by counsel
for the Railway Equipment and Publica-
ton Company, to prevent the postmaster
general from charging the rd-class in
stead of the second-class rate, upon the
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 of postage under the department
regulation of July Il, 1901, which went In
to effect Oct. l of that year
Justice Bradley also decided two man
damus cases involving the status of the
Official Railway Guide and official list. In
these cases the justice ordered writs to be
served rcstoroing TIE second-class privi-
leges to the publications concerned, and
in the injunction cases the justice con-
tinued the restraining order preventing
the postmaster general from refusing to
ha inns in n11pStiOu n the
lower rate of postage.
About % similar suits for injunction are
pending against the postmaster general,
and in view of the Interpretation of Tues
days decision, those publications which
since Oct. 1 last have from time to time
been declared to be within the class OF
premium publications and have in conse-
quence lost the privileges of the second
class rate, will take action to compel
their Reconsideration.
PostofIice department officials have not
as yet fully considered all the points In
Wednesdays ruling and will not express
an opinion as to how sweeping its char
aoter is. They say, however. that if the
general constitution of the ruling is cor
rect, they are very much surprised at the
action of the court.
Months before issuing the order against
premium publications the department
made a searching investigation in the
whole matter
The views of leading publishers were.
solicited at the time by the third assls-
tant postmaster-Serer who conducted
the investigation, and of 500 who weTa
| asked for an opinion large percentage
was highly in favor OF some such action
as was evntually taken by the depart
ment.
The proposition was under consideration
| for months. and when the amendment
| was finally added to the postal regula-
| tons those who had charge of framing
| it were positive that it was valid and
| within the power of the postmaster gem
| eral and would Withstand all the legal
attacks made upon IT.
Should the officials of the department
decide after a careful consideration Of
Wednesdays ruling, that a case of the
"Ohcial Guide" can be taken as a test
case and that the effect of the decision
will be not only to restore the publica-
| ton in question to the sccond-class rate
| upon its merits, but to deny to the post
master general the right to say what
shall and what shall not be classed as
second-class matter, the case will be ap-
pealed to the supreme court of the Unit
| ed States.
Should it be decided finally by the high
er court that the order promulgated by
| the postmaster general was arbitrary
and outside of the authority vested in
him by law, it will mean a serious annual
| loss in the postal revenues.
a dispatch from Washington says thai
Postmaster General Payne will appeal
! from the decision of Judge Bradley o.
the district supreme court, admitting GER
| tain publications to the second class mali
| rate. Ii is said that the government will
| take the case to the district court of ap-
| reals, and, if necessary, to the United
States supreme court.