Page:Federal Reporter, 1st Series, Volume 1.djvu/425

This page needs to be proofread.

COMMEBFOED V. THOMPSON. '417 �COMMEBFOED V. ThOMPSOI;, �{Cfircuit Court; D. Kentucky. March 31, 1880.) �Letters Concebning Lottebies — Letters Addrbssed to Secubtart op Lottekt Company — Detention bt Postmistbess — Injdnction. — A court of equity will net grant relief where letters addressed to the secretary of a lottery company are detained by the postmistress, under the direction of the postmaster general, as having been mailed in viola- tion of section 3894 of the Kevised Statutes, providing that " no letter

  • * * concerning lotteries ***** shall be carried in the

mail," where the pleadings fail to show that the letters had no connec- tion with the lottery business. �In Equity. �James A. Beattie, D. W. Sanders and W. 0. Dodd, for com- plainant. �G. C. Wharton, J. R. Goodloe and A. A. Freeman for de- fendant. �Brown, J. This ia a bill brought by tho complainant, a citizen of New York, against the defendant, postmistresa of the city of Louisville, for the purpose of enjoining her from interfering with and delaying complainant 's letters, addressed to him at Louisville. The bill charges, upon information and belief, that there are in the post-oJB&ces, and have been sinee the tenth of October, letters of the value of $5,500, addressed to "T. J. Commerford, Secretary, Louisville, Kentucky, lock- box No. 121," with the required postage prepaid upon each letter, and that defendant has taken possession of the same, and refuses to deliver them as the laws of the United States require, notwithstanding he has demanded possession thereof . The bill further alleges that at the time these letters were mailed the postal laws of the United States and the regula- tions of the department authorized the mailing and transmis- sion thereof and their delivery by the defendant; that the complainant is entitled to possession of the same, ànd unless they are delivered he will suffer great wrong and irreparable injury. �Prayer for an injunction to the defendant to deliver posses- �v.l,no.7— 27 ��� �