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AMERICAN CIVIL LIBERTIES UNION v. KIELY

No. 196.

40 F.2d 451 (1930)

AMERICAN CIVIL LIBERTIES UNION, Inc., v. KIELY, City Postmaster.

Circuit Court of Appeals, Second Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

Arthur Garfield Hays, of New York City (Albert E. Kane, of New York City, of counsel), for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The postmaster of New York, acting under instructions of the Postmaster General, refused to receive from the complainant for transmission through the mails a quantity of envelopes because of matter printed on the face of the envelopes.

The envelopes sought to be mailed contained a pamphlet advocating the pardon of Tom Mooney, who was convicted in the state of California for exploding a bomb in San Francisco on July 22, 1916...

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