Postal service -- United States -- Second-class matter
That is what the court says--and what the court says goes.
Here is what the present Attorney General of the United States
says--and what the Attorney General says does not go. The
Receivers’ and Shippers’ Association of Cincinnati asked the
Attorney General to join in Mr. Williams’ suit, which the
Attorney General declined to do for this reason:
“The department has made a very complete study of the proposition
and agrees with Mr. Williams upon the law, except as to the
one point, namely, that there has been an _administrative
construction against the proposition for over forty years_, and
the chances are that a suit will be defeated on that ground.”
In other words while the Attorney General believes the express
companies have been and are violating the law, the postoffice
department, for forty years, _has let them do it_, and it seems
useless to try to enforce the law.
Here, then, is the absurd situation with regard to packets
into which the express companies have forced the United States
government:
If a packet contains tea, and a mail carrier steals some of it,
it is a packet without doubt, and the mail carrier is sent to
prison.
If an express company carries a packet of tea, the packet is not
a packet, because a packet is only a packet of letters.
But a mail carrier will find out rather quickly, whether a packet
of tea weighing less than four pounds, is a packet or not, if he
carry the packet for his own profit instead of turning over to
the government the amount of the postage. Let the fact become
known to the government, and he will be arrested as quickly as an
officer can reach him.
Now: Is or is not this juggling with the law? If it is not
juggling with the law, what, in your opinion, would be juggling
with the law? If the foregoing decisions sound like good law to
you, perhaps you ought to be upon the federal bench. You might
shine as a judge. You don’t shine as a voter. You think, but you
don’t act. You don’t put your thought behind your ballot. You let
somebody else put his thought behind your ballot.
That is pretty plain talk--talk which should do us readers some good. It
should, at least, enlighten us as to these facts.
First: The express companies have been _criminally_ trenching upon
and into the service of the Postoffice Department for forty years or
more--have been _raiding_ what were originally intended to be the
legitimate and legally protected revenues of that department.
Second: Such raidings have been winked at by our federal legislators
and condoned, and the raiders exonerated by juridic opinions which were
so bald, bare, brazen and _cheap_ that they would make a practiced
confidence or get-rich-quick man blush.
Public-domain text, read in full here on John Shaqi.
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