The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-11-04
Is Charged With Opening Prisoners
Mail=-Complainant, Accused of
Having Robbed Saloon.
OFFICER BELIEVED HIMSELF WITHIN THE LAW
In Observing Practice He Followed the Precedent Estab
lished by Officials in His Position Throughout
States Technically Wrong, However.

Sheriff Z. S. Carter was the most
surprised officer of the law in the
state when he was arrested by Deputy
Z. S. Marshals d. c. Rankin and Jesse
NJ. LaFollette this morning on a war
rent issued by Hon. Charles l. Sur
prise. The charge was "wilfuIly op-
ening the mail of one of his prisoners.
Alex Poleski. who resides on Conkey
avenue in this city.
When the warrent was read TO him,
Sheriff Carter is said to have thrown
up his hands and to have offered to
accompany the officers but they re-
leased him on his own recognizancc
and after being put under $500 bali
was remanded to appear at Indianapolis
next Friday for trial.
Poleski made complaint to the post
master general at Washington as soon
as he was released from jail AMI the
matter was referred to Z. S Commis-
sioner Charles J. Surprise who issued
the warrent after first securing the
approval Of u. 5. Attorney Joseph B
Healing. who has his headquarters in
indianapolis.
1t is said Sheriff Carter will plead
guilty to the offense with which he is
charged and that this will prevent a
trial which would cost himself and
the federal government considerable
money.
The alleged criminal act was com
rnitted In Crown Point while Poleski
was there for a period of 101 days
aW aitines cFial on the charge of being
an accessory in a Gibson saloon robbery
and was later proven not guilty.
Poleski alleges that after repeated
warnings Sheriff Carter opened every
letter that came to him and says
that he believes there were some II
or Is letters all together
The law regarding the opening Of
the mail Of prisoners is very frequently
misunderstood. 1t Is said there is 4
state law which makes it permissible
for the warden Of a penitentiary 20
issue an order that all prisoners mail
will be opened and that 1t then may be
done legally.
The law, however does not permit 7
sheriff to open the mail of prisoners
in his care and in this case the inter-
cepting of the malls is punishable Just
as 1t would be in the case Of a private
person.
However. it is said to be a general
practice for the police in a great many
cities and the sheriff in most counties
TO open the mail of prisoners and that
the practice has lead to the arrest and
conviction of great many offenders
in other states.
The case will be of interest to sherins
all over the state for the reason that
the practice of opening prisoners mail
is so general and it is important some
times to intercept prisoners mail il
order TO get much needed evidence.
This is said to be the first case ii
the state where a sheriff has been ar
rested fors an offense Of this kind
though the practice has been general
IT Is believed that the fine viii be bu
nominal one and nothing would have
come Of the affair II it had not beer
for the fact that Poleski wanted (
get even" with Carter for alleged mis-
treatment
Poleski Is said to be an exceedingly
crafty fellow and he is the man whos'
detective work resulted in the arres
and conviction of great many strikers
in the famous stock yards strike.
The arrest of Carter viii cause
sensation throughout the state for
there are hundreds of other sheriff
and police officers who could be hel,
for similar ofrenses II the prisoner
MOuiu 'aNS u eiN i-->,-eet @S io-eSh
has done
In a statement made to LAx1
COUNTY TINES reporter sheriff Carte
said. I would never have thought 8
doing a thing Of the kind If it ha,
not been in what I thought was th
persuit of my duties in tile matter
Those precautions are taken in ever,
Jail to prevent conspiracies among TIL
prisoners and 4 possible Jail deliver,
Is IS common practice in every iai
in the state and I have simply bee,
made the first victim"