El Paso herald. (El Paso, Tex.) 1901-1931, 1919-08-23
Prisoners To
Get Mail Not
ABBY Others
Gen. Erwin Says Officer,
Have No Right To
Open Letters.

| Prisoners in Uncle Sans stoelCades
wiz no longer have the letters from
their sweethearts read by the lieu
tenants or captains In charge Of the
prisons. It is against the law and
even a military officer is supposed
to obey civil laws OF the country. ac-
cording to the view Of Brig Gen
James B. Erwin, commanding the FL
Paso district
Gen Erwin discovered while down
at San Antonio recently as depart
ment commander that It had become
( the habit Of some prison officials
TO open the mail intended for men
held under guard The general forth
with took his typewriter on his lap
II that is the way a general issues
orders-and issued Instructions TO let
the prisoners have their mail unOpen-
The Order Against It.
Here is the order:
1T has happened that first-class
mail arriving at guard houses Of
this department, sealed and addressed
to garrison, general or other pris-
oners has been opened and inspected
BY the officers OF the day. before de-
livery to the prisoner TO whom IL
Is addressed. such practice has been
rightfully objected to. even without
any claim that Enclosures Of any sort,
or any property has been missed or
thatsany officer SO opening such mall
divulged anything with relation to the
contents thereof to any person, or
himself had any interest in, or made
use Of, any knowledge or infoTma-
ton SO acquired by him
There Is no post. camp, station.
district or department order for such
action The motive was, presumably,
to prevent the introduction through
the mail into the guard house and
to the possession OF the prisoners OF
unauthorized articles and. on &C.
casions to obtain. 4 possible, infor-
nation concerning possible escapes
The Law In IL Case.
The law is clear and definite as
TO the circumstances under which,
and the persons by whom. mail for
another may be opened.
Whoever shall steal, take or alb
stract 1roms or out OF. any mail
80 any letter o., or from any let
ter any article or thing contained
therein before II has been de-
liyered to the person 70 whom it was
dire1ted, with 4 design TO obstruct
the correspondence, or to pry into
the business or secrets OF another, or
shall open. secrete embezzle or des-
troy the same, shall be fined not
more than two thousand dollars, or
imprisonment not more than five
years, or both Fed Pen Code. I
1910, Sec. 1s4. (35 stat. 10Ss at 1880. I
Relating to Nails.
supporting this and similar pro-
visions are various statutes relating
TO misuse Of the mails, as the fraudu- {
lent device act (25 stat SIS at S74) I
and the espionage act go Stat, 217 .
at z5o), but such acts contain a pro- /
visions that:
Nothing in this act shall be 80 7
construed as to authorized any person
other than an employee Of the dead 8
letter office. duly authorized thereto, I.
or other person upon search warrant. F.
authorized by law, to open any let .
ted not addressed to himself
Law Applies to All.
The highest law officer OF the .
army has held that even mail ad F.
dressed to a soldier in desertion. re- .
ceived by his Company Commander. B
cannot be lawfully. opened and ex-
amined with a view to discovering 4
the whereabouts Of the deserter ode .
Dps J. a c., Mar. 1918. p 20; and .
hat the mail OF Garrison Prisoners. 4
serving minor sentences. cannot be 4
opened without their consent by Of d
Ulcers Of the army CDig. Ops. J. A n
g., 1912, p $50; Apr 1913, p l64)- 4
The law thus stated applies with
as well Is TO all other persons sub
feet TO military Jurisdiction
Commanding officers Of posts and
stations within this department will
AZ once take the necessary meas
lres TO see that mail for all pris-
lners is handled strictly in eccord-
luce with the foregoing provisions