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I am against this amendment the Fitzgerald Press Muzzle); it is un-American! Congressman Falconer l i

I I Ttit -rtriT I " " --, - - - -"O i TEMPOt.L fpyril tnJ tmWiii wiHurfi rwini l.SIUtMa I tt-

temporal rowta

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THIS IS NUMBER 195

f j 1 1 j - -l nirtg has wk J1.8S

Maw whiHni teat UM

IH

AuwiaV.iiu.

NACE

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Total Number Solscriptio&i tMi tUle

1,402,126

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cancan

kizu, issscua

uxujurr 16, 1915

roi papal poison

a roue vfxacts

i

PTT.

AT FREEDOM OS

E.mm

77 a rmmpa

BLOW

P1RESS

II bT II IV 1

SHALL the freedom of

the press jn the United

State be preserved, or

hall it be further encroached

upon br federal power until

we (hall possess it only in name

the substance gone the

shadow only remaining?

This U the question that con

front the American people at

the present time, and is one of

the most vital that has confronted

them for man years.

The reason that this question

looms larger now than at any

time since the fathers of our coun

try placed in the constitution of

the United States the edict thst

"Congress shall pass no law

abridging the freedom of the

press," is due to the fact that on

December 31st, last, an attempt

was made in the United States

congress to override the constitu

tion and fasten onto this country

one of the most outrageous press

ramile measures ever proposed to

any law making body on Amer

ican eoiL

On that date the eon gram

caused the roll to be called, and

after warrants had been issued

and the sergeant at arms had ar

rested and brought into the halls

of congress a sufficient number of

law maker to constitute a

quorum, resolved itself into com

mittee of the whole House for

the purpose of considering Bill

IL It. 19906, or the Postoffice

Appropriation BilL

"What concerns us is the

things that transpired at that ses

, sion and the things that are

likely to transpire in the future.

L- The Congressional Record of that

date states very plainly what

- place at that meeting of the

doctors.

he general Postoffice Appro-

ation Bill was up for "consid-

ation." In the main it was

greed to,but like other bills of

ike character it was amended

land alaahed out of recognition,

i The amendment that concerns

ius was proposed by John J. Fitji-

' I II - T it

gcraia, oi urooaiyn, congressman

from the 7th district of New

J York. It reads as follows:

r . "Whenever it shall ba estab

,4 lished to the satisfaction of the

postmaster general that anv

1 person is engaged or represents

I himself as engaged in the bust-

ness ox puDusmng any oDicene

or immoral books, pamphlets, pic

tures, prints, engravings, litho-

J graphs, photographs, or other

' publications, matter, or thing of

an indecent, immoral, scurrilous,

1 or libelous character, and if such

A Person shalL in th onlnion of the

postmaster general, endeavor to

ns the postofflce for the promo

tion of such business, it is hereby

declared that no letter, nacket

1 1 parcel, newspaper, book, or

?Totner thing sent or sought to b

pent mrougn me postomce Dy or

n Denaii ox or to or on behalf of

bch person shall ba deemed

ailalle matter, and the post-

THE SHADOW

ST THABUS nEX.

Out of the husk of the past we have lifted

- Our hopes and have builded and guarded and saved,

And found a new atrength in the ashes we aifted

To stifle the error and stealth we have braved.

Yet through the years, as we fashioned our nation,

via shadows have followed to hamper and mar

'he freedom we seek for the new generation;

lo tiirottle the faith we

ome's superstitions have entered our portals,

itorae a nana is uplifted

e thin ITS We have Iiecded

And temples of learning are fogged by the touch

tat seeks to encumber, harrass and divide

The things we have wrested from chaos and kings.

peace cannot nourish with error beside.

Cloaked close in the cunning the Jesuit brings.

of the husk of the past we are lifting

A people with courage to reckon with those.

cohorts of Rome, whose

ivVhoee searching for conquest has circled the seas.

must not fail while a wrong is unriphtcd,

Jfor children of men have a heritage here

'a fingers would crush, and the nation is blighted

jhat bonds to her touch men, the shadow is near.

master gtnerai ahaH make the)

A 1 I

necessary rue ana reguiauons

to exclude such nonmailable

matter from the malls."

Mr. Fitxgerald did not state

that this measure was drafted for

the specifie benefit of The Men

ace. It wasn't necessary for him

to do so. But Mr. Fitzgerald i

a Roman Catholic, a Knight of

Columbus and a graduate of

Manhattan College, one of the

oldest Jesuit institutions in the

country.

Fitgerald, though a compara

tively young man, bss been in

congrens for about fifteen yearn,

looking after the interests of the

"holy church" first, John J. Fits-

gerald next and the interest of

the honest Protestant people who

elected him last.

Not only that but he is chair

man of the appropriation com

mittee, one of the most important

committee assignments in the

House, and in a splendid position

to see thst the Roman gang gets

the lion'a share of the. hard

earned money of the people, cir-

culating through the financial

channels of the government and

looked upon by these Jesuitical

traitors as so much slush, to be

divided with public pilferers in

keeping with their pull.

Were it possible to ransack ev

ery Jesuit college in America, or

herd the Roman clergy and hier

archy in a single corral, you

could hardly find a more aauve.

sleek, smooth individual than this

man Fitzgerald.

Nor could you find one who

could draft a more innocent

looking or ingenious, and at the

same time more damnable and

diabolical, press muzzle measure

than this, to say nothing of the

cowardly craft and cunning by

which he attempted to sneak it

through as a "rider" without at

tracting the attention of his more

honorable colleagues. Fitzgerald

belongs in the class with the

"holy" Roman envelope thieves

in the Temple Building in St.

Louis, and could show them cards

and spades in tricks that arc

dark and devious.

No Place For Such BUI

IN THE first place general leg

islation of this character has

no place on an appropriation

bill, and ia emphatically against

the rules of the House. Any

member, in fact, can knock out

such legislation by merely pro

testing and raising a point of or

der. Luckily this was done in

this case, but it is 'not always

done, and may not be done when

this infamous, snake-in-the-grass

measure bobs up again, probably

under more favorable auspices.

It will be remembered that last

year a similar piece of legislation,

urged by the Roman Catholic

church, which is now and always

in politics as this case positively

demonstrates, was tacked on to

the Naval Appropriation Bill,

providing for the appointment of

chaplains, raising their rank and

have followed so far.

and waiting to clutch

and venmil fop as ninrtnta

khadows are shifting;

Congressman John J. Fitzgerald, of Hew York, Makes Cow

ardly Attempt to Attach an Outrageous Press Muzzle

Amendment to the General Postoffice Appropriation Bill

The Culmination of Rome's Efforts to Destroy The

Menace Results in Dastardly Attempt to Strike Down the

Liberty of the Whole American Press. '

increasing their salary. It was

defrsted in the House but became

a law as a result of being tacked

on to the bill in the aenate and

agreed to in conference between

the bodiea without even a roll

call or any other record vote.

As a result of this pet meas

ure of Cardinal Gibbous, we have

priests with princely salaries on

nearly every battleship and sea

going government vessel the re

sult of anesk-thief legislation

and dilatory tactics of listless but

otherwise well meaning congress

men and senators to whom we pay

large salaries to look after the

welfare of the nation.

The same identical thing is now

being attempted, prompted by

this same band of political pirates

who cloak under the garb of reli

gion. Here is a bill that would

abridge the freedom of speech and

of the press. .Contrary to the

constitution of the United States,

of course, but after the patriotic

press of the nation is silenced

what hope would we have of get

ting the damnable measure de

clared unconstitutional and act

aside by the supreme court!

Who would ba left to take the

case to the supreme court?

The publications left in the

field would have no interest in

the matter for the simple reason

that they would not be affected.

And private individuals would

have a sweet time getting action

on that august, Romanized body

known as the supreme court.

The only snne thing the only

safe thing the only sure thing

for the American people to do ia

to HIT THIS THINO NOW

AND HIT IT HARD I

The Boot on the Floor

WHEN the Tammany Ilall

tool of the Jesuits pro

posed his press muzzle

amendment, be it said to the cred

it of the nation, there were a few

meu on the floor of the House

with the necessary courage to

oppose it. Congressman David E

rinley, of South Carolina, re

served the point of order on the

amendment which brought forth

the following rejoinder from

Fitzgerald, taken from the De

cember 31st issue of the Congres

sional Record:

MR. FITZGERALD. Mr. Cbslnnaa,

this mmrn.ltnrBt is ttatigiMxl to glr t

tb 1'oKtmaMer Ovnersl authority whirs

apparently k Hoes mot mwn at the

prearat tint. Ha dlactiaaet At qnaatioB

of odwene and arurrilous matter ia tsa

mailt aomewkat elaborately ia his

nual report, and ealla attentioa tp tat

fart that eoBiiderabla 'complaint ha

bean iai of publications characterised

aa obtrene, indecent, and scurrilous ia

their character.

The Pottmairter General review the

law and the deritinns nnder certain pro

viaiona of the criminal coda. It hat

bees held by the Huprem Court of tht

I nited Btatea that aa immoral and ob-

trena publication to coma within tht

tatute must be on which mart incite

peraont to olwcene or immoral seta aaa

at the ammo time toad to degrade public

morals. It hat been pointed out, how

crer, that there art many matters of a

Tuljrar, coarse, tcnrriloua, lewd, sad out

raifouily ofleatiTe character tbat do not

come within tht proviaiona of txlrtiej

lawn and for which apparently there ia

no remrdy. The pending amendment it

m framed that it will not permit in

justice to be done to anyone, and yet

mn umniij i w vujericu IV uu IXB

proper exerciae of aa executive depart

Bient of power which should properly be

repoted in it. The proposed Ic.-iflation

requires the ettablitbment of two facto.

One ia that a person shall ba enaed,

or ri ail rrprrwnt himerlf aa engaged.

n the buinera or publishing immoral

looks pamphlets, pjcturea, prints, en

rrtin, lithographs, photograph, or

other publication, matter, or thing of aa

imiocent, immoral, acurriloiia, or Lbclout

fliaracter. The fart mutt be Ort eotnb-

linhed to the aatUfartion of the Pott

matter Ueneial tbat a person ia enraged

ia auth busioeM, or lrraeata himaelf

ti be engafed ia such Husineaa, and

tthea being enrg.l la such Winca. erfpnst three years, nee.

IboMiag hilf or reprewntinj kimtelf . . ..- jruiir

It ba eacaged la aoch thtt he . r"nr"'r

endecrora to irat the poatofiire fenlitir particular pllHlcat

poetoBira fecilitic

to fur her ewh bumm. It term to in mint when be mude that state

ma that if tbe two fa-tt be etaM:lrl J niint

regarding say perwia or enterprise mat

each a ina or enterprise winulj at

be, permitted to ntilite tb mailt of the, press nillZle anicndmcUt WHS Well

tailed tttatcsto order to promote tu. hi, inj,.r wnv Onirressman J. II.

a taiaiaeaa. I line thrrt are nianv I

romplaiato about rarioue publi. ati..n r. """'J""11". ""

that art well fotiaded. They cnt.m , hand and the following dialogue

matter no onVntit to decent mm that ; betwen he and Fitzgerald is re

they thoald not U transmitted thro-l. j Congressional

the mails. It wmiM be ioiihxmMo and ., .

tntiroper to la dowm a rult fur lecwla -

Hob mrerted at a particular er8 or

a particular publication. There thoiiM

be eotaUobed by law general rule

conduct to be followed. There tho

bo tome authority repoed ia tome of

flrial to prevent the of the facilitiei

provided by tht I citcl Ptatrt in lt

mailt to prevent anyone is engaging ia

tuck buxineta.

You will note that Fitzgerald

speaks of t'.ic annual report of

the postmaster general, in which

he is supposed to have cited the

fact that "considerable com

plaint has been made of publica

tions characterized as obscene,

indecent and scurrilous in their

character."

I- know, and every reader of

The Menace knows, what papers

, , ' . , ', . ,,,iwa an anarrbittie publicatioa that ad

nave neen mua cnaracierizeu

aince the present postmaster gen

eral took his a'at at Washington.

At the present time there are no

really radical publications in the

country, such as gave the depart

ment more or less anxiety several

years ago.

The papers "characterized" as

obscene today are such papers as

The Menace, The American Citi

ten, Watson's, and possibly 'a half

dozen othecs ynicli arc lighting

for the preservation of the

American public school system,

the separation Of church and state

and resisting the politicnl . in

trigues of the Roman Catholic po

litical machine in the per

son of just such men as John

J. Fitzgerald, and such intrigues

as abridging tho freedom of

speech and of the press, contrary

to the Constitution of the ('nited

States.

' John J. Fitzgerald himself, and

this underhanded attempt to muz

zle the free and independent press,

is the best reason that could pos

sibly be offered for the necessity

of The Menace and like publica

tions! v

"It has been held by the su

preme court of the United States

that an immoral and obscene pub

lication to come within the stat

ute must be one which must in

cite persona to obscene or im

moral acta and at the same time

tend to degrade public morals,"

says Fitzgerald.

AND WE CONTEND THAT

THIS IS RESTRICTION SUFFI

CIENT!. It is all the restriction that hon

est people derLand and it is all

that is necessary to maintain a

moral atmosphere and protect so

ciety. Wewant no other!

Fitzgerald remarks above

quoted sound like an' editorial

from the Western Catholic.

They, bear the ear marks of the

letters sent to Washington by Ro

man Catholic lawyers and priests,

and quoted in the Catholic press.

Hatred for The Menace and ev

ery other paper that dares crit

icise this "hor" humbug beams

out of every sentence and

every word, and whilp he says that

"it would b Impossible and im

proper to lay down a rule for leg-

islation directed at a particular

parson or a particular publica

tion, any man who has followed

the fight that has been mnd; on

mia paper ry uoman t nthoiies

from Maine to California, and

from the lakes to the ulf, for the

need not be told

tersrn or

1'iriiiunr jui.iuai um ur uau

tt - i-i

After the discussion of the

,, , . ,

M"1'"" -

MR. MOOItH. How far would thit

proiHed amendment ritend with' re-

ule l;.pp-t (o mnsntinit which present certain

thouM .tir(,rir of government, and certain

ncwM'Bpera which . print art'ilet whirh

are unqnettinnably furriloua and per

hap libelount

MR. FITZGF.RALI. Mr. fbnirman,

it wouM affect every pulilicatinn v. huh

came within ite definition, 1 hava an

interevting document

MR MOOltK. The theory it that

it would cover all newiaperi and maca-

linee indulging the practice referred tot

MR. riT7.(!KRAI.n. It wonM cover

every publics) ion which came vrithin it

term. In ll'"8 I'rcnident Konnevelt

tmnrmitted to the Hoiim by meae aa

opinion of the then Attorney tlencral of

the I nited Htatet relative to the rxrlu

inn from the mailt of a publication If

ne-d in I'ateraon, N. J. The publication

i vorated murder, riot, and aron, anJ the

killing of police oQicera, the eciring of

armortee, and the dynamiting of the

armorie if any difficulty were encoun

tered in a proposed attempt to teiie

them. The l're'iilent had adilreite a

communication to the Attorney Ocoeral

in which he aid that by hit direction

the particular publication had been ex

cluded from the mailt aud would not be

a-lmitted to the mailt unleM by order

of court or union the Attorney Ocnerat

aJviocd him thiit it mint be admitted,

ile submitted certain question to the

Attorney tieneral, upou which he re

ipicMcd hi opinion. I hall nt under

take to recite the conclusion of the At

torney General; they are net forth fully

in the opinion. I "hull read, however,

the taut para-raph, which ia a follows:

" H'aifc, thrrrforr, in the ahimc of

any rrprrn protimos of fciv ur Jimdiia

uiYM'u olio on (An prrrue poiNf, tht

'rtum t certainly use of doubt and

iiiu-Mf. mit'u yrm that, in my opin

ion, tho Wmujtfrr Otnrral rill Oe )u-

(iicrf in CJcWmp from thf mmt any

inxii c of y perWk-ul, othtruwt en

txtlrd to th privilege! of iteondclnu

mail matter, u hu h hall contain any ar

ticle ccnttttuttnil trditiout libel and

em-ouronma nt h crimil ct mnrdrr, tr

ton, not, on 5 treason."

Mr.- Chairman, there should not be un

certainty about the law. The um of the

mail it a privilege, not a riht Who

ever ube the mailt ihmild l able to

ascertain definitely what the law pro

ubitt from being transmitted aad what

may lawfully be aent through the mail.

If a question ia raited with the Tout

Jlfire 1 Apartment at to th character of

a publication that can or can not be

:ranmitted through the mailn, the law

should not be ao uncertain or indefinite

st to iiermit a legitimate controversy a

to whether in the admission or eiflution

of a publication there had hern any

abuse of authority. Th I'ostmatter

General it advised that there doe not

eem to be any law at present which

cover obncene, indecent, defamatory,

and scurrilous matter, aniens the matter

he of stick character at to incitt the

imagination and lead to the doing of

obivene art. It ia quite apparent, how-

ever, tbat there ia a much larger class j

uf material which should be excluded ,

from the mails.

I realize, aa all who have ever given j

any aitrniinn to ma question, ioai me

isolated or sporadic rata ran not b

reached. No attempt ia made to do ao.

But there, are condition tbat require no

elaborate investigation nor extended

discussion to eonrinc decent men ;

should not be permitted. Such condition

are covered by the pending amendment, j

Let it be established to the sat isfaction I

of the l'otmater tieneral that a erson

ia engaged or represents himself a ea

gaged in the business of circulating pub !

.nations or other matters of the character

described in the amendment, and use

the mail to further h business, who

shall say tbat the mail ahall be uei

for so foul a purpose! No one need

fear that the prupoaed amendment it

oer drastic or unreasonable. It ia al

most iirnti al With art tion 193 of the

Cauadmn I'cstal Guide for 1913. There

. just a much jealousy of the freedom

of the pien in Canada a be re, but the

lreedoin of the prna o essential to a

free t-eoi le should never be ronfouoded

cith aa indecent license, nor under the

lca of turh freedom should it be per

mitted to debauch our auaUs by admit-

tisg paWieatioa f M atnfwat! Is

IrMl aad B'ewsiv eharactoc M to

tmiN Us rstaBl ( dwvat aw.

Ton will note that this wily

Jesuit admits that this law

"would affect every publication

which came within ita definition."

And the trouble is that the defi

nition could ba made by the post-

muter ceneral who. under this'

I law, would become an trrtipon.i

'sible ciar from whose decuton

,.v u w 1 I

vucrv wvuiu utj no myyvmi.

Mr. Fitzgerald harps at length

on the vsgueness of the present

lawa governing the postmaster

.

f(riivini IU I hHl t s tin tint i

tera. He claims to be fighting for

a law that the postmaster general

could essily understand a law

about which there would be no

difference of opinion even among

lawyers yet the one he proposes

is even more vague thau those we

have, and a good deal more con

fusing, but it clothes the post

master general with autocratic

authority and gives him the arbi

trary power to exclude any pub

lication in the United States that

he might think, or be led to think,

was obscene or immoral.

If a press muzzle measure

Ml'ST be passed, why not draft

one that any intelligent human

being can understand t

Why not tackle the job of sped

fying what is immoral or obscene,

scurrilous or libelous?

The political fixers for the

Church of Rome don't dare try

to do this.

Let it bo known that The Men

ace would have no fear of the

Fitzgerald amendment, even

should it become law, were the

law to be construed and The

Menace adjudged by a competent

body of men or a jury, for we

know that The Menace does not

come under the head of publica

tions described therein. How

ever, when the judgment rests

wii one man, from whom there

is no appeal, the matter becomes

arbitrary, iniquitous and con

trary to the spirit of democracy

and the constitution of the

American government.

In Mr. Fitzgerald's citation of

the case of a publication at Pater

son, N. J., it appears that the pa

per was openly guilty of "advo

cating murder, riot and arson."

The paper was excluded, as it

should have been were the charges

against it true, yet this Jesuit

tool complains that the postoffice

department has no power to ex

clude a publication no matter

what it advocates.

In the citation of this case he

makes an ass of himself and con

tradicts the very thing that he

tries to assert and prove.

Fitzgerald knows that The

Menace was arbitrarily excluded

from the mails in monarchial

Canada, and he makes the blun

der of stating that the measure

IF YOU HAVEN'T TIME TO COMPOSE A LETTER YOURSELF, COPY

THE ONE THAT FOLLOWS AND MAI TO YOUR CONGRESSMAN

AND SENATORS AT WASHINGTON.

Hon v.. i

Washington, D. C.

Dear Sir: I desire to take this method of protesting against

the amendment to the Tostoffice Appropriation Bill, proposed by

Congressman John J. Fitzgerald, of New York, December 31st,

which reads as follows, and which appeared in the December

31st issue of the Congressional Record:

"Whenever it shall be e-tablisbed to the satisfaction of th postmaster

general that any person engaged or representa himself a engaged ia th

buiinesa of publishing any obscene or immoral book, pamphlet a, picture,

print, entraving, lithographs, photograph, or other publications matter,

or thing of an indecent, immoral, scurrilous, or liliclou character, and if such

person shall, in the opinion of the postmaster genaral, endeavor to ua th

postoOice for the promotion of such busine, it i hereby declared that BO

letter, packet, parcel. newspaMr, book or other thing ent or sought to b

tent through th potollice by or on In-half of or t or on behalf of wh

person hall be deemed mailable matter and the xtmater general ahall

make the necessary rule and regulations to ciclude iuh non mailable matter

from the mail."'

Not only do I protest against the adoption of thia amend

ment, but I oppose any measure that would in any way whatever

curtail the freedom of the press, or give the postmaster general

or any other individual the power to do ao.

The constitution of the Vnited States is specific on this point,

and the laws of the federal government and of the various states,

iu my opinion, are ample for all purposes.

Trusting that you will give my wishes the proper considera

tion when matters of this kind come to your attention, 1 am.

Yours very truly,

i

............. ................. ...........e

(Sign your name here.)

which he proposes Is "almost

identical" with the Joker ia the

Canadian law nnder which this

paper wss barred from the Do

minion mails.

This is conchuir again thai

The Menacw is uppermost in his

mind, and knowing the success of

this damnable law in Canada, ha

attempts to foist it on the fra

peopU cf America, and axpwrta

t1. in ...iirtW lt -nthont rm.

test.

, fQ pn4!n5M hm thtt lner

wil, wvtr d it,

, , , . ....

ritreerald wants a law that

will exclude any paper which

"arouses the reaentment of de

I cent men," and he claims that

Romanists and Knights of Oolumi

bus ana Jesuits are decent!

At this juncture Congressman

Finley again interposed an ira

port ant point, one that The Men

ace could not state more clearly,

if it tried. He said:

MR. FINLEY. Mr. Chairman, taa

proposition contained ia tht amtadmeat

offered bv the gentleman from 'ew

York it ant in order where offered, aad II

U fairly objectionable from every atoad-

point. Hut h said something about th

merit of it.' VV hava a Poatmter

General today. II ia ia office bow. Ha

will go out at Burnt fntur time. TVha

will 1st there 3 year from bow or 10

years from now w do not hnow. Th

power that it proposed to be lodg!

in th handa of th Postmaster General

under that amendment should not b

Imled in th hands of any one man la

all thia country. (Applau.) It ahouM

not be left to the decision of any one .

man, and ha an eincutiv officer aad ap

pointed by another maa. Bo this pro

posed amendment, if yon analv it,

mean going back ia a mearur to tho

toditioa lawa, aad wt remember that

th deration of tho lawa cost a great

political party it existence.

Now, I am not ia favor of soorrilotis

or obscene matter golag through the

mails. I am opposed to it, hat IsthJtk:

when w. legislate hers for all th ptc.pl "w

of this country each and tretry Indi

vidual should hava red rest omewhra,

m plac of appeal. fader that

amendment an ipst dixit of whomever

nappent to be Pottmattor General at th

time it absolutely conclusive of what

i and what ia aot bjoctionabl aadtr

tb proposed amendment. So, la my

view there it law enough at present, and

if th PoMmiuter General will nerei

to the full hi discretion in th premises

as to what mailer is tcurrilout sad li

belous snd tends to Incite or ereai a

disturbance of th peace or good order

tha law is ample. But assuming that It

it not, yet her it a matter that affects

fre s jieech, o to tpeak, ia this country.

Pre speech, to my mind, doe not mean

license, nor tboulii it mesa that to any

fair-minded man. It doe not tneaa

license to abut th law not at alL But

thia proposed amendment, at proposed

by th gentleman from New York, hat

not been considered or rcportel by any

committee. It it a matter of th great

est importance. Ho tha Bout ahoulJ

not be called upon to pass on a greet '

question lik this tinder th circum

stance a.

The meaning of this state

ment is that with an bonest man

in the position of postmaster genv

eral and we believe we hava

such a man at this time the

(Cootinued on Pf two Column t)

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