Year: 1879

REPLY TO SENATOR VOORHEES, RESOLUTION.


The Senate to-day received from Postmaster
General Key, a response to the resolution by
which, on motion of Mr.. voorhees,, he was last
Wednesday "drected to furnish his reasons for
barring the Citizen Soldier, a newspaper pub
lished In Washington City, from transmission
through the mails at the same rates Of postage
accorded to other newspapers; and further to
state why he admits to the mails at pound
rates OF postage one journal, and excludes
another OF the same class from like privilege
furnishing with this statement the names Of
these rates OF postage, but are now denied them
through recent rulings Of his department"
The Postmaster General, after quoting these
terms of the resolution, proceeds to say: .sIn
response thereto, have the honor to submit
that, while it is competent for that honorable
for any Information that may be OF service to
the legislative branch Of the government in
matters .of legislation it is respectfully insisted
that ii is not within the just province
of the legislative branch to direct an Executive
officer of the government to furnish his reasons
for the performance of duty devolved upon
him by law. have taken the liberty. however,
OF supposing that it was not the intention OF
the Senate to direct me to furnish reason for
an administrative act of this department, but
rather to furnish such information relating to
the subject matter Of the resolution as will be
of service to that body in the enactment Of such
laws as may be deemed eXpedient aud necessary
Entertaining this view Of the object OF the
resolution, have the honor TO inform the Sem
ate that the records OF this department show
that paper published in the City OF Washing
ton, styled the Citizen Soldier, was referred to
this department by the postmaster at said city,
with an inquiry as to the rate of postage
reference OF said inquiry to the Assistant
Attorney General for this department., it
was held that said paper was regular
publication, designed primarily for advertising
purposes" within the meaning Of section Is,
OF The act OF July IL, 1876. and, therefore,
chargeabie with postage at the rate of one cent
for each two ounces or fraction thereof The
approved by me. aid the postmaster advised
accordingly. subsequently, VIZ: On the 25th OF
March, 1879, at the urgent request of the pro-
pr1et0rs OF the papers in question. the ruling in
this case. together With the whit le subject 10 at
ter OF the proper construction Of said act, was
referred to the attorney general, where 1t is
now pending, awaiting his consideration.


Replying to the second branch of the Sena-
tors inquiry, have the honor to say that no
SUCH discrimination as Is intimated therein Is
made by this department. The only knowledge
Wh1ch this department has OF what publica-
tons are transmitted in the mails at the rates
fixed by section Of the act OF June 23d, 1874
July 18th, 1876, Is that furnished by an occa-
s1onal reference by the postmaster at the Office
OF mailing, In doubtful case, and the ruling
made by the department thereon. Such cases.
however, are isolated ones; the determin-
alton Of the status of all publications
onered lor mailing under the two acts referred
10, reStlng, Ia the first instance with the local
postmaster. Should the Senate desire the
names of such publications as have been deter
mined TO be OF the one class or the other On an
appeal to this department, they will be fur
nlshed upon an intimation OF such desire.


Very respectfully, D. NJ KEY,


70 the presidenf of rho Senoto