direct action of the postal service. In many instances, these officers can act on their own inspection and, from the nature of the case, must act without other proof; as when the postage is not prepaid, or where there is an excess of weight over the amount prescribed or where the object is exposed and shows, unmistakably, that it is prohibited, as in the case of an obscene picture or print. The evidence, respecting them, is seen by every one and is, in its nature, conclusive." The Court must have meant, by this statement, simply that the evidence in the case was conclusive and that the evidence being conclusive it was simply a matter of law as to the result to be reached by the postal official. The Court could not have meant that the official might not err in his interpretation of the evidence, for it is well known that very nice and intricate questions arise in regard to what is an obscene picture or print or what is a lottery or fraud, even in cases where the facts are undisputed and conclusive. The fact remains, however, that the official has authority, under the ruling of the Supreme Court in the Jackson case, to exclude from the mails any matter which he may decide to be non-mailable. In fact, as to open matter, this authority has never been disputed. Indeed to compel the postal officials to give notice and a hearing in such cases or to wait until the courts could decide the question would so cripple the service as to almost destroy its efficiency, and in the language of Chief Justice Taney in Commissioners of Patents vs. Whitely,ante, "the interference of the courts with the performance of the ordinary duties of the executive departments would be productive of nothing but mischief." The power to exclude from the mails open matter without notice or hearing being thus recognized and being essential to the efficient operation of the postal service implies a like power when given by law to decide a scheme to be a lottery or fraud and to deprive its promoter of the use of the mails, though no provision is made for notice or hearing. That this power may be abused or its possessor may make a mistake occasionally is no argument against the existence of the power itself. Courts may make, nay, do make mistakes sometimes and sometimes they abuse the power confided to them, but that is no reason why they should be deprived of the power to act at all. The cases heretofore cited show conclusively that this proposition is not only well settled but also rests on solid ground. Sec. 314. In conclusion, the law in regard to the statutes under review and their administration may be summarized as follows: 1. Congress possesses, under the Constitution, plenary power over the entire mail service of the country and can, in the exercise of that power, determine what shall and what shall not be carried in the mails. 2. The statutes outlawing matters pertaining to lottery schemes and obscenity and authorizing the postal officials to exclude such matter, in a summary way, from the mails are constitutional and a valid exercise of Federal power. 3. The duty confided to the Postmaster-General by these statutes to determine, upon evidence satisfactory to him, that a person is conducting, through the mails, a lottery or fraudulent scheme and to issue a fraud order against its promoter, denying to him the right to receive any mail matter under seal, is not judicial in the sense that it can be conferred on a court only, but it is, in its nature, an administrative function, requiring the exercise of judgment and discretion and the courts have no jurisdiction, without express statutory sanction, to review the decision of the Postmaster-General, as a head of one of the executive departments of the government, on that question and that duty can be constitutionally confided to the Postmaster-General by the national legislature. 4. The right to use the mails is not an inherent, inalienable right of the citizen, but is simply a statutory right, which may be made subject to such reasonable restrictions and limitations as the legislative department may see proper to impose. 5. Congress possesses the power, under the Constitution, to exercise the police power in respect of the mail service and may lawfully authorize the exclusion from the mails of all matter which may corrupt the morals of the people or imperil their safety or health, provided the methods for such exclusion are reasonable and not unduly oppressive upon the citizen. And lotteries, frauds, and obscenity come under this class. 6. The power conferred on the Postmaster-General by these statutes and the methods provided for their enforcement are reasonable regulations to protect the people against matter deemed prejudicial to public morals; and as a corollary of this proposition citizens may be required to submit to some inconvenience and restraint to subserve the public good in general. 7. The denial of mail facilities to the promoter of a lottery or fraudulent scheme by the issuance of a fraud order against him by the Postmaster-General in conformity to the laws of Congress is not a deprivation of his right of property or liberty "without due process of law" but is strictly "according to the law of the land," and is a valid exercise of the police power in respect of the mail service. Administration of the Law.. Administration of the Law, Open and Sealed Matter. Administration of the Law, Open Matter, Disposition of. B. Blanks not Necessary in a Lottery... Bond Investment Schemes, History of. Section. 86 180 192-197 . Chapter VI. 247 249 250 .69, 70 147-9 Bond Investment Schemes, Hearing Before the Attorney-General, and His Decision Thereon .157-160 Bond Investment Schemes.. .147-169 Bonds of Government and Railroads selected for Payment bp lot... 161 Consideration in Lottery Need Not be Money or Property, May be 15 Consideration, General Rule in Regard to, When no Property or |