The Detroit times., 1911-04-17
Hot Campaign Is On in --tlanta
against James r. Gray and Clark
Howell. Charging Violation Of
Mere Regulation.
Crusade Is Significant Because Ma
tional Republican Convention
Will Meet Next Year.
By r. r. WILSON.

support OF Taft for the Republican
denomination?
These Ave men are in Atlanta:
James J. Britt, third assistant post
mastergeneral
Alexander Alderman, special as
sistant TO the attorney general
Dan ]. Betjeman, special assistan
to the United States district attor
+. Carter Tate. United States dis
\ trict attorney.
And John w. Henley, his regular
assistant.
These Eve men are meeting daily
with a special United States CRANE
\ Jury. They are pounding the table
and shouting their reasons why
James r. Gray. editor Of the Atlantis
Journal. and Clark Howell, editor Of
the Constitution, should be indicted
for conspiring to defraud the post
ONCE.
The crimes" OF which the editors
are accused are alleged violations OF
the postoffice sample copy regula
+ tion-not violation OF any written
law. but the violation Of a regulation
imposed by Hitchcock himself.
Law Places no Glr'it.
The written postoffice law does not
limit the number of sample copies q
publisher may send at second-class
rates. Hitchcocks regulation says
that a publisher may not mail at the
second-class rates Of / cent per pound
sample copies to the number of more
than 10 per cent OF his bona fide cir
culation. All samples above 10 pei
cent must pay l cent for each four
ounces of weight.
II is alleged that on occasions the
Journal and Constitution have exceed
ed their 10 per cent of sample copies
and have sent the excess at second
class rates. Because they are &C
cused of violating one Of Hitchcock
arbitrary regulations, Hitchcock's Ave
lawyers are calling these editors
criminals and demanding that they
be indicted, fined and imprisoned.
The evidence being presented tc
( the grand jury was collected q year
ago. The two editors themselves
helped collect the evidence by putting
D their Offices, books and clerks at Tile
disposal OF postofice inspectors. Last
fall the Journal officers were indirt
ed. The alleged offense was that the
Journal In the fall Of 1909 published
special edition Of the semi-weekly
Journal and mailed 10000 extra
copies OF II at second-class rates. The
semi-weekly's regular circulation n
about 10000. The amount of which
the government claims 1t was do
frauded was about $500.
In January. Federal Judge William
T.. Newman 'quashed the indictments
against Gray and the Journal on
demurrer. The jurist said that II con
stitutes no crime to violate a mere
regulation.
Washington Gets Busy.
Immediately Washington grew ex
ceedingly busy Last falls granc
Jury proceedings were handled b,
Alderman alone. When the indict
ment was nolied Hitchcock at once
II dispatched Third Assistant Britt Il
Atlanta An assistant for Ackermar
u was appointed. The forces OF. thu
local district attorneys ONCE wer'
thrown In.
Then. in March, with Ave lawyers
on the job and a special grand jur,
assembled, but with no new evidence
Hitchcocks aids again began thel
task of trying to get" Gray ant
Howell The previous grand Jury hat
jailed to indict Howell The granC
jury sessions are still continuing
Gray and Howell are putting in no de
Tense, because they are forbidden I,
+ do SO.
What Is the meaning of all this sti
In Atlanta? Why for the first tim,
has q third assistant postmaster-gen
eral taken personal charge Of a prose
cutioni Why has Wickersham throw
q special assistant into these (fron
a money standpoint) trifiing cases? Il
Il Just for some private administrn
ton revenge upon James Gray AM
Clark Howell?
Rule 10 Absurd and Unjust.
Hardly. The significant thing i
that there are hundreds OF newsps
pers in the United States which, a
least technically, have violated the
y per cent sample copy regulation.
Il IL almost impossible not to vic
late this absurd and unjust rule, al
bitrary announcement of the presen
postmastergeneral as 1t Is. Man
newspapers win circulation by tn
distribution of free samples. lie
Hitchcock's examiners rake the roc
y ords OF any "sampling" newspaper
and they are almost certain TO I'm
instances where too many sample
have been mailed at the cent-a poun
rate. ..
Hitchcock wants the conviction {
Gray and Howell, but that is only II
cidental But what he wants most
precedent. He wants the feeders
Judge I'm Atlanta to say that viol
ton of one OF Hitchcock's regulation
IN a crime against the United State
Then, backed by that precedent
Il too much to expect that political
Hitchcock will send an army OF pos
once spies up and down the countr
raiding newspapers and gatheriu
"evidence?" And with the threat
1 of indictments hanging over the
heads, editors will be told how the
are TO stand during the campaig
leading up to the Republican CONVEX
ton.
The southern newspapers are d.
manding an investigation of tn
whole postoffice department, and the
cries are being heard by the Dem,
cratic congress In washington. T,
day the postoffice service is a pri'
Ilege, granted or withheld accordin
% the within OF the authorities 1
charge. The southerners want thus
nrivilefes made rights. and the
want set OF written laws 10 sui
1fitufe for the regulations.
A. Al A uow tho Doatofflca roOuio