51 F. 807 | D. Ky. | 1892
The indictment charges the defendant with knowingly depositing in the mail of the. United States for transportation a postal card, which is in the following language, viz.:
“Lexington, Ky., Mch. 1, 1892.
i!. Oder: Your rent was due Thursday, Feb’y25th, 1892,and basnet been paid. If the rent is not paid by Thursday, Mch. 3rd, 1892, 1 will place the matter in the hands of an officer.
“Itospectfully, ft. G. Elliott.”
'Phc mailing of this card, it is claimed, violated the act of September, 1888, in regard to nonnudlable matter, and this is the question raised by the demurrer. That act declares nonmailable any postal card upon which there are—
“Any delineations, epithets, terms, or language of an indecent, lewd, lascivious, obscene, libelous, scurrilous, defamatory, or threatening character, or calculated by the terms, manner, or style of display, and obviously intended, to reflect injuriously upon the character or conduct of another.”
It cannot be said that there is in the terms, manner, or style of display on this postal card an obvious intention to affect injuriously the character of Mr. Oder. Is the postal card of a threatening character? Clearly, Mr. Elliott had the legal right to put his claim for rent past due in the hands of an officer lor collection. The notice of that fact was not legally necessary, but, as lie gave another and extended day of payment, I cannot think the notification that, if not then paid, it would he put in the hands of an officer, is of the threatening character mentioned in the statute. This act is highly penal, and should he strictly construed. There is, we think, nothing in the language of this act or the general law which prohibits the use of postal cards for the simple purpose of asking payment of a past-dire debt, or of notifying a debtor that, if not paid, legal steps will be taken for its collection. In this (¡ase Elliott reminded Oder that his rent was past due, which was presumably well known to him; but, as he extended the time for payment, and said if not then paid he would place the claim in the hands of an officer, it was