The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1914-09-26
OPEN LETTER TO THE POSTMASTER GENERAL

master General shall prescribe, etc. |
Mail facilities are not required to
be furnished for every purpose" Tin
re Rapier, 143 u. s. !. c. 134.)
THE right to use the mails is a
mere privilege conferred by legisla-
tive enactment, and it must always
be exercised under and subject to
such conditions and restrictions as
Congress sees fit to impose" (Mis-
souri, Drug Co. V. Wyman, 129 Fed. ].
C. $500.
Sec. 1898 r. S. U. S. (p. 1858 U. S.
Comp St. 1901 has been construed
by the u. S. Supreme Court to cover
a case where a paper or letter, writ
ing, print or publication, though not
lewd or obscene in itself, conveyed, or
was intended to convey, information
in respect to the place or person
where, or from whom, an obscene,
lewd or lascivious book, pamphlet,
picture or paper could be obtained.
Grimm V. U. S., 1916 U. S. 60S).
In excluding various articles from
the privileges of the mail the object
of Congress has been to refuse it's
facilities for the distribution of mat
ter deemed injurious to public morals.
lex parte Jackson, SO U. S. |. C. 1867.
Sec. 1898 r. S. U. S. is directed
against the use of the mails as an in
strument for the circulation of OBJ
scene &C. matter. 1t does not pro-
hibit the publication itself, nor does
it enter into the motives of the cir
culation, or the truth or falsity of the
matter therein contained. GU. S. V.
i Bebout, % Fed, l. c. 524, $3.50.
The word cover" or the term "out-
side cover" within the meaning of the
Act of 1888 Il Supp. Rev. ST. 621; U.
S. Comp. st. 1901, p. 2661) has been
construed by the courts to be used
in that statute in it's commonly ac-
copied meaning, and to mean the COW
er of a book or periodical, where it
is question of book or periodical
containing on the outside cover there
of libelous, scurrilous, or defamatory
matter intended to reflect injuriously
upon the character or conduct of an
other. GU. S. v. Burnell, Is Fed. !. c.
1928, S29).
A lewd book, pamphlet or paper
within the meaning of the Statute
(Sec. 3893) is one that describes dis
solute, unchaste acts, scenes or Incl
dents-a book, pamphlet or paper con-
tanning immodest and indecent mat
ter. (U. S. v. Clark, 80 Fed. 1888;
Rosen v. U. S., 161 U. S. 29).
In view of the above it is my opinion
that the book which am sending you,
entitled The Pope: Chief of White
Slavers," and which appears from the
title page to be sold by The Menace
Publishing Co., comes within Sec.
1898 r. S. U. S. (p. 1858 U. S. Comp.
ST., and that the advertisement of
that book and where it may be had or
obtained, as found at p. 2 of "The
Menace" of August %, 1914, comes
clearly within the last-named Statute
as construed by the courts.
Moreover, it is also my opinion that
the title of that book ("The Pope:
Chief of White Slavers'O, appearing
on the outside cover of that book, con.
tains libelous, scurrilous and defama.
tory matter rejecting injuriously upon
the character or conduct of another
within the meaning of the Act OF
Congress of June 10, 1883, C. 1874, Sec
z, as found in the U. S. Compiled
Statutes for 1901, p. 1861.
1t might also be we'll worthy of in.
quiry on your part to investigate
various other publications advertised
in the copy of 1.-The Menace" of Au-
gust %, 1914, many of which may be
found to he. also in violation Of. the
Federal Statutes above referred to, in
which case the advertisement of the
same in THE Menace" would also VIC
late the Statute to which have called
your attention.
AS Postmaster General you have eX
press power, under Sec. 161, p. 80, OF
U. S. Compiled Statutes, to prescribe
regulations, not inconsistent with law
for the government of your depart
ment and the performance of the bust
ness in your department.
Moreover, by the ninth clause oil
Sec. 1876, p. 224 of said U. S. Com
piled Statutes, you are given express
: power to superintend generally the
business of your department and exc
cute all laws relative to the postal
: service.
refer to these Statutes and de
cisions constituting them, which are
: all, no doubt, familiar to you, for the
purpose of calling your attention not
merely to this particular copy of ''The
Menace" but to the tone and charac
ter of the publication in general, a:
well as to the advertisements it con
tains, with which you may become
} more familiar by examining earlier OF
later copies of the same miserable
sheet.
!, l purposely refer to the late Pope
Plus X at the outset of this letter, be
cause, at p. 2 of The Menace of Au
l gust %, 1914, is an advertisement GOV
ering space of approximately Az b!
; Az inches, which advertisement il
: headed:
5 THE CROWLEY BOOKS.
s 'Romanism, a Menace to the Nation
i Postpaid $3.50;
The Pope: Chief of White Slavers
: Postpaid $780,"
e At the foot of this same advertise
d ment appears the following:
}, THE Menace Pub. Co., Aurora, Mis-
J, souri, Worlds headquarters 70
d anti-papal literature"
c Now, a white SLAYER has specia
e significance in the law. Under tn
| Act OF Congress of June %, 1910, {
3 1915, SO Statute S25, we have what i
). known as the white Slave Trafh
o Act" making 1t a criminal offense t
t. knowingly transport or procure tn
l. transportation of women from on
state into another for immoral pul
d poses. As to this, among other author
d tiles. | would refer you to the case c
is United States v, Westerman, 1872 FeC
E. Rep. p. 1017 and cases there cited,
d white SLAYER" therefore, means on
Is who has done any of the immoral act
n contemplated by that Statute.