| Show ANDERSON CASE IS DISMISSED Indictment for Misusing Franking Privilege by Sanpete County Republican Quashed LAW IS HELD INADEQUATE TE JUDGE MARSHALL SAYS DEFEND DEFENDANT DEFENDANT DEFENDANT ANT DESERVES PUNISHMENT L R Ft Anderson of Manti who was accused of having sent matter through the tho mails malIs in franked envelopes in vio violation violation violation lation of the law was yesterday dis dismissed dismissed dismissed missed from the custody of the United States court by Judge Marshall The demurrer to the complaint of the gov government government was sustained and the indict indictment ment mel t ordered quashed This is the first case to come up under the law While acting as chairman of the Re Republican RepUblican Republican publican county central committee of Sanpete county Anderson sent out campaign literature in envelopes bear bearing bearIng bearIng ing the frank of Congressman J A Tawney of Minnesota As this was de do declared declared dared to be In violation of section 5 of the act of March 3 1877 Anderson was indicted for the offense In ren rendering rendering rendering dering his opinion Judge Marshall pointed out the weak points in the law lawgiving lawgiving lawgiving giving the tho history of the franking act as it now stands History of Act The franking privilege was first given en to members of congress in 1792 La Later Later Later ter it was revoked and in 1877 was re reestablished reestablished reestablished established Under the last act the privilege was extended to all govern government government government ment heads he ds as well as members of congress For the sending of private matter through the mails by a head of ofa a department or bureau bureaus a penalty of was fixed Judge Marshall took the stand that members oC ot congress were not included as heads of depart departments departments departments ments or bureaus and therefore the misuse of the franking privilege by byth them th m was not punishable by b fine or im pr During the last presidential campaign Representative Tawney sent to Utah a large lar e number of copies of his speech delivered in the halls of congress As this was part of ot the Congressional Rec Record Record ord it was vas admitted to the mails free In sending out his speech Representative tive Tawney placed a fac simile of his signature In the upper right hand cor corner corner ner ncr of each envelope Roots Political Speech Sent About the same time as Representative tive Tawney sent out his speech Elihu Root now secretary of state of the United States was causing through the Republican national committee to have sent out a large number of copies of his speech nominating Theodore Roose Roosevelt Roosevelt Roosevelt velt as candidate for the presidency on the Republican ticket Copies Cones of both speeches were received at Manti in Sanpete county by Anderson chairman of the Republican county committee One day Anderson or some of his clerks sent out a copy of each speech in an envelope bearing the frank of Congressman Con ressman Tawney Later so the Indictment states Anderson or his clerks sent out the Root nominating speech without enclosing the Tawney Tawne speech at all aH For these two offenses Anderson was indicted on a charge of misusing the franking privilege In his opinion Judge Marshall stated that he felt it unfortunate that there was no provision in the statute under which prosecution of breakers of the frank law could be made If the facts as charged in toe indict indictment indictment ment are true states the opinion the defendant is richly deserving of pun punishment punishment However it is the duty of courts to declare laws rot enact them and for that reason the demurrer will willbe willbe be sustained and the indictment quashed |
