The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-04-10
ANDERSON CASE
is DISMISSED
Indictment for Misusing Franking
Privilege by Sanpete County
Republican Quashed.
LAW is HELD INADEQUATE
JUDGE MARSHALL SAYS DEFEND
ANT DESERVES PUNISHMENT.

L. r. Anderson of Manti, who was
accused of having sent matter through
the mails in franked envelopes in vio-
lation of the law, was yesterday dis
missed from the custody of the United
States court by Judge Marshall. The
demurrer to the complaint of the gov
eminent was sustained and the indict-
meHt ordered quashed. This is the
first case to come up under the law
While acting as chairman Of the Re
publican county central committee of
Sanpete county, Anderson sent out
campaign literature in envelopes bear
ing the frank of Congressman J. \.
Tawney of Minnesota. AS this was de-
clared to be in violation of section 3
of the act OF March 8, 1877, Anderson
was indicted for the offense- In rem
dering his opinion Judge Marshall
pointed out the weak points in the law.
giving the history of the ranking act
as it now stands
History of Act.
The Thanking privilege was first Civ
en- TO members of congress in 1892. La
ter it was revoked, and in 1877 was re
established. Under the last act the
privilege was extended TO all govern
ment heads as we'll as members of
congress. For the sending of private
matter through the mails, by a head of
a department or bureau a penalty of
$500 was fixed. Judge Marshall took
the stand that members of congress
were not included as heads of depart
ments or bureaus and therefore the
misuse of the Thanking privilege by
them was not punishable by fine or i'm
nriSonment.
During the last presidential campaign
Representative Tawney sent to Utah
a large number of copies OF his speech
delivered in the halls of congress. AS
this was part of the Congressional Rec
In sending out his speech Representa-
tive Tawney placed a fac simile of his
signature in the upper right hand cor
neT of each envelope.
Roots Political Speech Sent.
About the same time as Representa-
tive Tawney sent out his speech, Elihu
Root, now secretary of state of the
United States, was causing through the
Republican national committee to have
sent out a large number of copies of
his speech nominating Theodore ROOse-
welt as candidate for the presidency on
the Republican ticket Copies of both
speeches were received at Manti in
Sanpete county by Anderson, chairman
of the Republican county committed
One day Anderson, or some of his
clerks. sent out q copy of each speech
in an envelope bearing the frank of
Congressman TaWney. Later, so the
Indictment states. Anderson or his
clerks sent out the Root nominating
speech without enclosing the Tawney
speech at all. For these two Offenses
Anderson was indicted on a charge of
misusing the Thanking privilege.
In his opinion Judge Marshall stated
that he felt II unfortunate that there
was no provision in the statute under
which prosecution of breakers of the
frank law could be made.
IF the facts as charged i'm the indict-
ment are true. - states the opinion the
defendant is richly deserving of pun
ishment. However it is the duty of
courts TO declare laws, rot enact them
and for that reason the demurrer will
be sustained and the Indictment
quaShed."