The Washington times., 1903-06-22
POSTOFFICE DEFICIT
TO BE ELIMINATED

their accounts closely and see that
Uncle Sam obtains value received for
each dollar they spend. The curtail
mcnt in each office may amount to only
a small sum, or a few thousand dollars
in the worst cases, but when the great
number of Offices is taken into con
sideration It will be seen that the saw
ing will aggregate an amount which
will be a big item in determining n
the department Is 10 end the year in
debt or with a credit.
Mr.. Madden Will proceed at once 10
weed out the mail which has been lille
gally enjoying second class rates. II is
a slow process because each publisher
is entitled to a hearing. and as there
are hundreds OF these disputed cases IL
will be some time before he has rele-
gated TO the third class all OF the books,
music publications. etc, which are now
going at a cent pound under the claim
that they are newspapers or periodicals.
The hearings have already started AMI
will continue daily until the present list
Of doubtful publications IS disposed Of
May Discourage Injunctions.
one of the most potent results OF the
recent decision OF the Court Of Appeals
is that It will discourage judges in the
lower courts from issuing mandatory
injunctions against denying the second
class mail privilege TO publications until
the courts have decided on the merits
Of the case The department would de-
eide that a publication should go third
class and would refuse IT admission TO
the second class. The publisher would
rush into court and get an injunction
| ordering the Postmaster General not to
| keep the publication out OF the second
I class until the case had been heard.
I 1t would be weeks and sometimes
months before the cases would be le-
cided. and in the meantime the pub
Usher would f1aunt his injunction in the
/ face Of the officials and send most any
| thing he wanted as second class mat
! ter. All the while the department was
not only not making any money out Ct
the publishers business but was losing
money.
Warning to Lower Courts.
For this reason Mr. Madden takes
much interest in the following extraci
from the decision in which the Court O
Appeals issues warning against indis
criminate issuing OF mandatory injunc
lions:
The facts of this particular case II
lustrate the danger of granting relic
by way Of mandatory injunction. as ha
been done in this case. By the term
OF the fnal decree the complainant
declared entitled TO have its publica
ition entered. received, and transmitte
Through the mails as matter Of the sec
ond class. and the Postmaster Genera
is perpetually restrained from denyir
to the complainant the receipt. entry
and transmission through the mails c
its publication entitled Masters
Music" as mailable matter OF the secon
class and also from refusin
to receive said publication and transm
the same. etc No matter. then. wha
= may be the particular contents of futur
numbers OF the Masters in Music, II
Postmaster General is bound 20 reeei'
: and transport them as second class ma
i matter as long as they retain pap'
/ cover and bear the title OF the fir
p number issued"
D A number Of these mandatory injun'
, tions are still in force, but now tn;
the Court of Appeals has decided
favor OF the department they Will
e cleared away in short order and n
= saving 10 the Government viii begin
] once