The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-04-11

PERTAINS TO FRANKING
PRIVILEGE OF CONGRESS
COngressmen Not Amenable Nor
Accountable to Court for
Use of Privilege.

A decision was rendered Monday by
Judge Marshall Of the Federal court that
will attract wide attention for the rea-
son that the subject Is one OF general In
tcrest and had never before been raised
In a Federal court. Tho action WAS
brought to determine whether an lndi-
vidual could be punished for abusing tho
franking privileges given to congressman,
OF whether such privileges could be
abused, and It is question which the
Postofiice department was anxious to
have settled.
No Law Governing Subject.
The decision, In effect, makes 1t impos-
siblo to hold Congressman amenable or
accountable TO any court for their use OF
the franking privilege. however extensive
ly IL may be used or abused, or 10 punish
those empowered to use II, because there
is no law covering the subject
The decision was made In disposlng OF
tho indictment found by the Federal
grand jury last November against l.. K
Anderson OF Mnnti, who was charged with
using envelopes with the frank OF Con
gressmen \. Tawney upon them for the
purpose Of avoiding the payment OF post
age matter that should not have been
exempted from postal charges.
Circumstances in Case.
The circumstances were that Mr. An
the Republican Campaign committee OF
Sanpete county during the campaign OF
1904, and from his office in such capacity
there was mailed In envelopes bearing tho
frank described, numerous campaign doc
uments that were not part or the Con-
gresSional records.
What Envelopes Contained.
Among the matter charged to have been
contained In those envelopes were "Bry-
ans Opinion OF Parker" the then Demo-
candidate President folder
entitled What Roosevelt Has Done for
Irrigation" copies of the National and
State Republican platforms and addresses
and platforms issued by the Republican
State Campaign committee.
Anderson Notified.
The attention of the postmaster at
Manti was called to the nature Of the
contents being sent In these envelopes,
and he in turn notified Anderson that II
was not allowed under the rules OF the
department. Anderson's indictment fol-
lowed
Made Signed Statement.
In Justice to Anderson 1t may be said
that no made a signed statement admit
ting the facts, explaining that 1t had been
done by Frank K. Nelson. secretary OF
| the committee, Anderson contended that
1t was an unintentional mistake and made
arrangements TO pay the postage on the
| matter that had been 30 sent. which he
| estimated at about twenty-five pounds,
and To, far as possible, correct the
| error.
Furnished in Large Quantities.
Envelopes bearing the frank described
| had been furnished the committee In large
| quantities for tho purpose OF circulating
| campaign literature OF nature that came
| within the meaning OF the law.
Taken Up by Joseph Lippman.
The case was taken up, by. Joseph Lpp-
| man, United States District Attorney
| who had the temerity TO endeavor TO cor
rect this line OF campaign abuses which
was afterward found to have been the
| first attempt OF the kind ever made in the
United States.
Case Dismissed.
The case came before Judge Marshall
| on q demurrer and a motion to quash the
Indictment and the demurrer was sus-
Marshalrs 8 decision follows:
Judge Marshall's Opinion.
An Indictment in TWO counts was found
against the defendant. Each count charged
| that no caused to be deposited In the Postotf1ce
| at Manu Utah, for mailing and delivery a
certain Official envelope addressed. as therein
stated. bearing the inscription House OF Rep
resontatiyes U. s.. Part OF Cong. Record.
Free with facsimile OF the signature OF j.
A. Tawney, followed by the letters M. c.
| but which envelope contained no M ,1er re-
| lating exclusively TO the business OF ,he Gov
| eminent OF tho United States. and no public
| docum sntB printed by ordcS Of Congress. the
said defendant then and there intending to
| make OF Bald ofilc!al envelope TO avoid the
| payment OF postage on private matter. To this
| Indictment the defendant has demurred on the
| ground that II charges no public onense
AS to Indictment.
| The Indictment was found under section S of
| the OF March g. 1877. l9 ST 223, Comp.
| Stat. 26T9. This section protides that 1t shall
| be lawful to transmit through the mall free
| OF postage matters relating exclusively TO tho
busincsS OF the Government OF tho United
| States provided that to entitlc IL to pass free
the letter er shall bear GNs5 tho
also the name OF the department and II from a
bureau of1lcc the names OF tho department,
! bureau ofice, az the case may be. whence
| transmitted. and. further. that II any person
shall make use OF any such official envelope
| 10 avoid the payment OF postage his private
| letter package other matter in the mall.
| tho person offending shall be deemed guilty
| OF q misdemeanor and subject TO a stated nne.
| Section OF the act In part provides that In
| addition to tho endorsement designating The
| department. tho penalty for the unlawful use
| Of this envelope shall be stated thereon. and
| by section II Ia enacted that Senators. Rep
rcsentatlves Delegates in Congress, the secre-
| tary Of the Senate and clerk OF tho House OF
! Representatives may send and receive through
| the malls all public documents printed by order
| OF Congress. and the name OF each Senator.
| Representative. Delegate. secretary OF the
Senate and clerk OF the House shall be written
| thereon with proper designation of tho ONCE
he holds, and the provisions OF this section
shall apply TO each OF the persons named
Eey1ln until tho first day OF December follow
irE the expiration % their respective terms of
cincc"
Question Mt Issue.
|
which Senators, Representatives. and Delegates
| In Congress are empowered to send and receive
through the mails free of postage certain mat
| ter Is the Official envelope, for the unlawful
use Of which penalty is prescribed by sec
! ton D. IL II is not there appears to be no
penalty for such an abuae Of the privilege.
The franking privilege originated In the act
| OF February 20. 1892. 1 Stat, ~, Sec 10. This
| act contained Limitation the character
| of matter frankcd, provided IL originated with
tho franker. and the only offense denounced
was for counterfeiting OF the signature OF the
person purportng to frank IL. BY section Is
| OF tho act or Mnrch 2. 1899. / Stat 7Ss. II wos
| provided And be IL fGrthor enacted that IL
| any person shall frank letters other than those
! written by himself by his order the
| business OF his oficc. he shall. conviction,
| paw nne OF $40. and this seems the frat
! penalty imposed for sending Unauthorized mat
| ter In frankcd envelope. 1t applied equally
| TO members OF Congress and executive officers
| OF The Governmenti and tho pIiyllege 70 frank