[144] Grimm v. U. S., 156 U. S. 604 (1895). The Chase case was followed by U. S. v. Wilson, 58 Fed. Rep. 768 (1893), which held that even under the act of 1888 “or other publication” were qualifying words which excluded letters, and by U. S. v. Warner, 59 Fed. Rep. 355 (1894); contra, U. S. v. Nathan, 61 Fed. Rep. 936 (1894), and U. S. v. Ling, 61 Fed. Rep. 1001 (1894). All doubt was removed by Grimm v. U. S.
[145] Andrews v. U. S., 162 U. S. 420 (1896).
[146] Swearingen v. U. S., 161 U. S. 446 (1896), Justices Harlan, Gray, Brown and White dissenting, followed in U. S. v. Moore, 104 Fed. Rep. 78 (1900); U. S. v. O’Donnell, 165 Fed. Rep. 218 (1908); U. S. v. Benedict, 165 Fed. Rep. 221 (1908), and Knowles v. U. S., 170 Fed. Rep. 409 (1909).
[147] U. S. v. Dempsey, 185 Fed. Rep. 450 (1911). See also, “Exclusion of Certain Publications from the Mails,” Hearing before Committee on the Postoffice and Postroads, House of Representatives, February 1, 1915, p. 6. But the postmaster general in his Annual Report of 1914, p. 47, appears to think that the Swearingen case is still controlling.
[148] Rosen v. U. S., 161 U. S. 29 (1896).
[149] Reg. v. Hicklin, L. R. 3, Q. B. 360 (1868).
[150] Knowles v. U. S., 170 Fed. Rep. 409 (1909); U. S. v. Bennett, 16 Blatch. 343 (1879), and U. S. v. Kennerley, 209 Fed. Rep. 119 (1913).
[151] U. S. v. Boyle, 40 Fed. Rep. 664 (1889).
[152] Postmaster General Blair in 1861 excluded from the mails twelve treasonable publications, “of which several had been previously presented by the grand jury as incendiary and hostile to constitutional authority.” Report of the Postmaster General, 1861, p. 584. In 1914 the postmaster at Greenville, Pa., threw out of the mail several thousand cards containing facsimile appeals over his signature by Colonel Roosevelt, calling upon all good citizens to oppose Senator Boies Penrose. The local postmaster held the cards to be defamatory, but his decision was reversed by the authorities at Washington. See N. Y. Sun, October 31, 1914.
[153] See below, p. 158 ff.