The Washington times., 1908-12-26

bill along with its report. and in this
bill provides for commission Of ap-
Ueals, whose duty Il shall be 10 pass
on All disputes concerning mail matter,
including fraud orders and second
class privileges
Cause Of Trouble.
This question of fraud orders and the
administration OF the secOnd-class mall
matters have aroused no end Of DIM
Guilty in the last few years. Much feel
ing has been stirred because Of alega-
tions that the PostOnice Department
was ARBITRARILY excluding concerns from
the mails. Congress has not been en-
urely asleep over the matter. Repre-
sentative Crumpackcr OF Indiana last
session sought TO get legislation through
that wcIl0 provide some remedy. but
failed.
The postal commission found a num-
Der OF defects in the postal service,
and it bore hard on the present prac-
tice with rcspect To fraud orders and
second class matter Many publishers
have felt that the second class privil-
eye was not disposed OF as il should
be, and many concerns barred from
the mails have felt they were unfairly
treated. The lack Of opportunity FOR.
redress is the feature Of the admin
istration Of these two matters that has
been attacked as unjust aId IN
American.
The postal commission I'm its report al
lusled 10 the combination in the same
officer or the dual functions OF prose
CutOr and judge in respect TO matters
such as the classification of periodicals
and the issuance Of fraud orders. d.
HHr "a
ais not ConneCtel with the postal ser
vice"
Destroy Business.
The report said that the classification
Of newspapers and periodicals, although
apparently a mere matter of rates,
might mean the continuance or de
struction Of immense business enter
prisos- II pointed out that the second
class privilege involved the right Of the
citizen to Use of the malls and added.
The principle that the property
rights OF the person affected shall not
be- taken away without a hearing is
recognized in the law by express
statute in respect Of newspapers and
periodicals and by implication I'm re-
speCt TO the issuance Of fraud orders.
Under the present organization the
hearing thus created by law loses much
Of It's characteristic qua lity by the fact
that IL must be held before the same
person who has I'm fact instituted and
prepared the case upon which he must
decide"
The commission has prepared a bin
dealing with these matters, and there Is
no doubt II Will attract wide notice from
publishers and from all parties con-
cerned in the fraud-ordcr question, who
Will inSfst that Congress take some ac-
ton The bill is for a contEoission OF
appeals to pass on all disputes relative
to mail matter, including fraud orders
and questions relating to second class
rights
Duties of Commission.
This commission would determine. on
appeal from the assistant director of
mail matter. whether the application of
any periodical for admission 70 the Sec
ond class should be granted or de-
MED. whether the second class privilege
once granted to a publication should be
revoked. and would pass upon the issue
Of fraud orders against persons alleged
10 he conducting schemes 10 dcfraud,
such as lotteries and the like
It is provided by the bill that cases OF
the kInd specified, in which there are
appeals 10 thP proposed commission,
shall be duly submitted by The Assist
ant Attorney General Under the new
arrangement the Assistant Attorney
General would be a prosecutor, but ne
would in no sense be q judge Those
who have been COntending for the pas
sage of a bill for court review of fraud
orders do not think the commission of
appeals goes far enough, but at the
same tine recognize 1t as a great i'm
provement over the present system. The ,
commission OF appeals would be COM
posed Of high-Salaried al d well-Quali-
fled men, each holding office for six
years. One would be a lawyer OF prom
inence- The commission would have
three members. one To be named every
two years. Chairman OVeIStreet is
favorable to the plan and considers II /
feasible As a practical proposition, he
thinks IL about as far as Congress can
be induced TO 60