Letter from President Theodore Roosevelt to Secretary of the Interior E. A. Hitchcock

This item includes a letter that encloses a memorandum from the Attorney General about Isaac C. Stoddard, Secretary of Arizona.

Extracted text

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IN THE MATTER OF ISAAC C. STODDARD, SECRETARY OF ARIZONA. The facts show off icial letters soliciting or in- viting private business, to wit: the appointment as resident agent for acceptance of service of process on corporations. Mr. Stoddard presents a copy of a letter from the Acting First Assistant Postmaster General (J. M. Masten), dated December 2, 1901, and stating that after consultation with the Assistant Attorney General for the Post office Department, and on Mrt Stoddard's statement that he acted under the best advice ob- tainable, he (Mr. Masten) concludes that the use of the penal- ty envelope shown by the letter of October 17 from the Secret- ary of the Interior was not improper. Nevertheless, as a question of law, it seems to me that this use was not justified under a statute which restricts the franking privilege to Government business exclusively, however faulty or lax the practice may have become. No doubt other Government offices and off icers need to be reminded of the strict terms of this law. But under all the ireumstances it seems to me that nothing more is required under this head than a caution and direction to Stoddard from the proper au- thority not to include the agency feature in his official let- ters respecting the regular business of his office, and not to