Postal Service

That relating to the mails, their transmission and delivery. The act of July 26, 1892, provides that after a general advertisement for the transportation of the mails, the postmaster-general may secure any mail service that may become necessary, and the contract shall be made with the lowest bidder. Where a contract is awarded to the lowest bidder, it can be changed only in the manner provided in §§ 3957-3959; Cosgrove v. U. S., 31 Ct. Cl. 332. The compensation of mail contractors is fixed by contract and by law of congress. The postmaster-general may make deduction for failure to perform services, and may also deduct the price of the trip in all cases where the trip is not performed; Otis v. U. S., 24 Ct. Cl. 61. Compensation for additional services in carrying the mail is not to be in excess of the exact proportion which the original compensation bears to the original services; Allman v. U. S., 331 U. S. 31, 35, 9 Sup, Ct. 632, 33 L. TSd. 53. The original letting, and not any subsequent increase of service or pay, is made the standard of limitation under § 3960; 17 Op. Atty. Gen. 166. If an allowance is made under false representations or by mistake, the money paid can be recovered; U. S. v. Barlow, 132 U. S. 271, 10 Sup. Ct. 77, 33 L. Ed. 346; U. S. v. Carr, 132 U. S. 644, 10 Sup. Ct. 182, 33 L. Ed. 483; TJ. S. v. Voorhees, 135 U. S. 550, 10 Sup. Ct. 841, 34 L. Ed. 258; and money received under an expedited schedule as payment for additional horses and men and never used, though allowed in the order of expedition, was held bound to be subject to being refunded to the United States; U. S. v. Barlow, 132 U. S. 271, 10 Sup. Ct. 77, 33 L. Ed. 346. The clause providing that the compensation should not be in excess of the exact proportion does not prevent its being less; 19 Op. Atty. Gen. 147. Most of the criminal legislation of congress rests upon no express grant of power, but upon the power to make all laws necessary and proper for carrying into execution the powers conferred; Ordron. Const. Leg. 559. The power to establish postoflices and post roads includes the power to punish offences committed against its administration, by whatever name it may be known; U. S. v. Jenther, 13 Blatch. 335, Fed. Cas. No. 15,476; U. S. v. Kirby, 7 Wall. (U. S.) 482, 19 L. Ed. 278; forbid the use of the mails to carry matter which disseminates crime and Immorality; In re Rapier, 143 U. S. 110, 12 Sup. Ct. 374, 36 L. Ed. 93. The right of congress to establish postoffices and post roads authorizes all measures necessary to secure the safe and speedy transmission of the mails and a prompt delivery of their contents; congress may prescribe what shall be carried and what shall be excluded; U. S. v. Musgrave, 160 Fed. U. S. 506, 24 Sup. Ct. 789; 48 L. Ed. 1092; and the size, weight, shape and character of the contents of every mailable package; limit the superscription, and declare a violation of its regulations to be a public offense find fix the punishment therefor. The unrestricted use of the mails Is not one of the fundamental rights guaranteed by the constitution; Warren v. U. S., 183 Fed. 718, 106 O. C. A. 156, 33 L. R. A. (N. S.) 800. In Lewis Tub. Co. v. Morgan, 229 U. S. 288, 33 Sup. Ct. 867, 57 L. Ed. 1190, the provisions in § 2 of the post office appropriation act of 1912 regarding publications and conditions under which they can be carried in the mails were construed, and it was held that these provisions are' intended simply to supplement existing legislation relative to second-class mail matter, and not as an exercise of legislative power to regulate the press, curtail its freedom or to deprive one not complying therewith of all right to use the mail service. Opening a letter which had been in the postolfice, before delivery to the person to whom it was directed, with the intent to pry into his correspondence, is an offence against the postal laws, even though the letter was not sealed at the time; U. S. v. Fond, 2 Curt. 265. Fed. Cas. No. 16,067; and though it come from a criminal and is supposed to contain improper information; Andrews v. U. S., 162 U. S. 420, 16 Sup. Ct. 798, 40 L. Ed. 1023; but in order to constitute an offence against the postal laws the letter must have been in the custody of the postmaster or his agents; The Louisiana Lottery Cases, 20 Fed. 625. Obstructing mails. The United States may enjoin obstructions to highways used in interstate commerce and in transporting the mails; Re Debs, 158 U. S. 564, 15 Sup. Ct. 900, 39 L. Ed. 1092. This applies to obstructions upon railroads and electric railways, and includes employes who suddenly desert tlieir work; id.; U. S. v. Thomas, 55 Fed. 380; U. S. v. Woodward, 44 Fed. 502. See Labor Union. Arresting a letter carrier on an indictment for murder is not obstructing the mail; U. S. v. Kirby, 7 W T all. (U. S.) 482, 19 L. Ed. 278. A state statute which necessarily interferes with speedy and uninterrupted carriage of the mails cannot he considered as a reasonable police regulation; Illinois C. R» Co. v. Illinois, 163 U. S.' 142, 16 Sup. Ct. 1096, 41 L. Ed. 107. A state cannot prohibit or render penal the use of the mails between the states to effectuate the importation of liquor; R. M. Rose Co. v. State, 133 Ga. 353, 65 S. E. 770, 36 L. R. A. (N. S.) 443. Committing an unprovoked assault upon a postmaster, the necessary result whereof was an obstruction and retarding of the passage of the mail, is an offence, unless the act postoffice and matters pertaining thereto; U. S. v. Clay pool, 14 Fed. 127. A person having a lien against horses for their keeping cannot enforce the same in such a manner as to stop the mail in a stage coach drawn by such horses, if it be actually in transitu; U. S. v. Barney, 3 Hughes 545, Fed. Cas. No. 14,525. It is an offence under the statute to stop a mail train although one had obtained a judgment and writ of execution from a state court against the railway company; U. S. v. De Mott, 3 Fed. 478. A forcible obstruction of interstate commerce and the transportation of the mails by the creation of a boycott among the members of the American Railway Union against the Pullman Car Company will be restrained by injunction; In re Debs, 158 U. S. 564, 15 Sup. Ct. 900, 39 L. Ed. 1092. It is not an offence to restrain the driver of a mail coach from driving through a crowded city at such a rate as seriously to endanger the lives of the citizens; U. S. v. Hart, Fed. Cas. No. 15,310, Pet. C. C. 390. Restricting the speed of trains to six miles an hour by city ordinance docs not obstruct the mails; 5 Op. Atty. Gen. 554. Larceny and robbery. Embezzlement or destruction of mail matter by an employe in any department of the postal service is an offence against the postal laws. This statute has been held to create two distinct offences; viz.: ( 1 ) the embezzlement of a letter carried in the United.States mail, and (2) the stealing of its contents; and one may be punished separately for each offence; U. S. v. Taylor, 37 Fed. 200; TJ. S. v. Atkinson, 34 Fed. 31G. Under the statute no one can be convicted who is not an employ^ of the postoffice department; U. S. v. Nott, 1 Mc Lean, 499, Fed. Cas. No. 15,900. One who steals from the mail, whether an employ^ or not, commits an offence against the postal laws; U. S. v. Gruver, 35 Fed. 59; and in taking or abstracting articles or receiving them when so taken, with the object of opening, secreting, destroying, embezzling, or stealing the same constitutes the offence; U. S. v. Jolly, 37 Fed. 108. Sending letters to the customers of a corporation, urging them not to handle its products on account of labor troubles, is an offence against the postal laws; U. S. v. Iiaish, 163 Fed. 911. Under U. S. Cr. Code, § 215, a “scheme to defraud’' by the use of the mails may be found in any plan to get money or property of others by deceiving them as to the substantial identity of the thing they are to receive in exchange; this deception may be by implication, as well as by expressed words. There must be an underlying intent to defraud; mere expressions of honest opinion as to quality or future performance or “puffing” is not enough, if within reasonable Among such schemes to defraud are; Selling worthless corporate stock; Wilson v. U. S., 190 Fed. 427, 111 O. C. A. 231; running a bucket shop under the pretense of doing real trading; Foster v. U. S., 178 Fed. 165, 101 C. C. A. 485; running a fake marriage bureau; Grey v. U. S., 172 Fed. 101, 96 C. C. A. 415; getting consignments without intent to remit; Mc Conkey v. U. S., 171 Fed. 829, 96 C. C. A. 501; carrying on financial schemes impossible of performance; Walker v. U. S., 152 Fed. Ill, 81 C. C. A. 329. As to the use of decoy letters, see that title. As to courts interfering with post office rulings, see U. S. v. Cortelyou, 28 App. D. C. 570, 12 L. R. A. (N. S.) 166. As to using the mails tor improper or nonmailable matter, see Lidel; Liberty of the Press; Lottery; Obscenity.