Year: 1875

In the United States Circuit Court, before Judge
Johnson yesterday in the Of the United States
on the relation Of Ivan Michels against Thomas l.
James Postmaster at New York. the following decision
was rendered


The question upon the merits presented in this case
is whether 4 clause Of the Act of Congress- approved
March 1875 entitled 'sAct making appropriations
for sundry civil expenses OF the government for the


fiscal year ending June so 1870 and for other purposes
is or not constitutional The clause referred 10 in
the rate OF postage upon third class matter
from one cent for two ounces to one cent an
The ground Of fact which it is claimed that this
clause constitutionally enacted Is that the
clause originated in the Senate and amend
ment 70 a bill for raising revenue, originating in the
House or Representatives. The provision OF the
stitution which is claimed render invalid the clause
question this .-''An bills raising revenue
shall originate in the House OF Representatives. but the
Senate may propose or concur with amendments
other bills Constitution, art IL I subd. II;
certain legislative measures unmistakably bills for
raising revenue These impose taxes upon the people,
either directly indirectly lay duties mposts
for the Of the government and give the per-
sons from whom the money is exacted equivalent in
unless It be the enjoyment in with the
rest OF the citizens OF the benefits Of good government
II Is this feature which charaeerzes bills for raising
revenue. They draw money from the ctZens they
give no direct equivalent in return In respect TO such
bills IL reasonable that the Immediate representa-


ves OF the taxpayers should alone have the power to
originate them. Their immediate responsibility 10
their constituents and their zeal and regard for the
pecunary interests of the people, IL supposed
would render them especially watchuI the projection
of those whom they represented But the fails
in respect TO bills of different class. bin regu-
lating postal rates for postal service provides
equivalent for the money which any citizen may
chose voluntarily pay He gets the liked service for
the fixed rate or he lets Il alone a. be peases and
ms own interests Dictates revenue beyond its cost
may or may not be derived from the service and the
pay received for it but il is only very strained
strnction which would regard bin establishing
OF postage as bill for raising within the
ing of the constitution.


This broad distinction existing in fact between the
two kinds Of bills obviously just construction to
conhne the terms OF the constitution to the which
they plainly designate To strain those beyond
their primary and obvious meaning and thus to intro
duce precedent for that sort of construction would
work great public mischief Mr. Justice Story in
his Commentaries the Constitution lsec SS0) puts
the same construction upon the language in question,
aud gives his for the views he sustans which
are able and convincing. In fuckers Blackstone
only far authorities have been referred TO- is


found the opinion that bill Tor establishing the Post
Office operates a revenue law But this opinion al
though put forth at early day has never obtained
any general approval but both legislative practice and
general consent have concurred in the other view.
Another question has arisen which has SINH
larity with that under discussion, and which unless
adverted to- might give rise 10 msapprehcnsiOn Thus
in United States VS.. Bromley, II How, SS, she qles
tion was whether an act Of Congress which gave a
Will OF error IN any civil action Drought by the
United States for the enforcement OF the revenue
Laws embraced within Its meaning act to reduce
rates Of postage and TO prevent frauds the
OF the Post Office Department IL held that the
latter act was within the meaning Of the former a
law of the United states and that the writ of
could be sustained The Court says Revenue is
the income Of State, and the revenue Of the Post
ONCE Department; being raised by maiable
matter Conveyed n mail and which Is disbursed the
public SERVICE Is much part OF the income OF the
government as moneys collected for duties i'm
ports. Y All this may be conceded without involving
the conclusion that such law is act for raising
revenue


The case OF Warner Fowler Blatchfcrd c. c. r.
SAL though involving other statutes put substan-
tally upon the ground the preceding case II
was acton against postmaster for delivery OF
certain letters The defendant claimed that in delaying
them he acted under the laws relation to the Posi-
Office Department and that lie entitled to have the
suit removed TO the United States Circuit Court under
the statute being for done under the Revenue
laws of the United States This claim was sustained by
Judge lngerso, holding the Circuit Court in this dis
trict The decision was in my opinion correct upon


the ground that while the Post Oce laws are Revenue
laws within the meaning Of the statutes cited they are
not laws for raising revenue within the provisions Of
the constitution. The motion should be denied.