People's United States Bank v. Gilson

Citations

• 140 F. 1
• 1905 U.S. App. LEXIS 4750

Syllabus

<p>1. Post Office — Feaud Oedee — Powebs of Depaetment.</p> <p>Tlie use of the postal service of the United States is not a matter of right, but of privilege, limited by the statutes declaring certain clashes of. matter to be nonmailable, and it is competent for the Post-Office Department to determine ex parte that a concern is using the mails in conducting a scheme to defraud, in violation of the statute, and to base an order excluding it from such use on such finding. If a hearing is granted before the issuance of such an order, the concern affected may properly be required to assume the burden of proof, and to show affirmatively that its business is legitimate and honest.</p> <p>[Ed. Note. — Use of mails to defraud, see note to Timmons v. United States, 30 C. C. A. 8G.]</p> <p>2. Same — Conclusiveness of Finding.</p> <p>Under Rev. St. §§ 3929, 4041, as amended by Act Sept. 19, 1890, c. 908, § 2, 26 Stat 466, and Act March 2, 1895, e. 191, § 4, 28 Stat. 964 [U. S. Comp. St 1901, pp. 2686, 2749], which confer upon the Postmaster General power, “upon evidence satisfactory to. him” that any person or company is engaged in conducting any scheme to defraud through the mails, to direct the postmaster not to deliver registered letters nor pay money orders to such person or company, the Postmaster General may find that a concern is using the mails in conducting a scheme to defraud which warrants the issuance of such an order on the evidence of the agents and inspectors of the department, and such a finding cannot be reviewed by the courts in so far as it involves questions of fact, nor unless a plain error of law is shown.</p>