Mr. Patenôtre to Mr. Gresham.
Washington, March 15, 1895.
Mr. Secretary: Mr. Dermigny, general agent for the French newspapers in New York, informs me that the post-office of that city, by an evidently erroneous interpretation of the Federal law which forbids publications bearing on lotteries to be handled by the post-office, has just seized 1,600 copies of the Petit Journal and 100 copies of the Petit Parisien which contained the list of the last drawings of the loans of the city of Paris and of the Crédit Foncier, as also certain information concerning the premiums given by the first of these newspapers.
These same newspapers having been in 1891, when the law in question first went into force, seized in the same way for identical reasons, my predecessor requested the Hon. Mr. Blaine to remove this interdiction in reason of the essential difference which exists between the financial drawings which have just been spoken of and lotteries properly so called. These latter are forbidden by our laws just as they are by American law.
The bonds of the Crédit Foncier and of the city of Paris can not be included in the same category as lottery tickets, because they bear a regular interest which is never less and is sometimes more than 3 per cent, and they are consequently to be assimilated to other securities of the stock exchange, such as national loans, railroad bonds, etc. This distinction has, furthermore, been admitted by Mr. Blaine, as is proven by a letter from him dated April 30, 1891, that I have this moment before my eyes. With this letter was inclosed a note destined to inform my predecessor that instructions had been sent in this sense to the postmasters of the Federal ports. This note, which is also dated the 30th of April, 1891, was as follows:
The Postmaster-General has given instructions to the postmasters at all seaport cities to deliver all foreign newspapers including the French, of course, that do not contain the advertisements of regularly organized and well-known lottery schemes.
The newspapers containing advertisements of premium Government and municipal bonds, are not disturbed.
Referring to the views expressed herein by Mr. Blaine, I trust that the Post-Office Department will be pleased to confirm the instructions given to its agents in 1891, and I would be obliged if you would kindly call their attention to this subject.
Please accept, etc.,