Vigorous objection to such changes in the law was made by the postoffice authorities. A memorandum filed by the assistant attorney general for the department176 declared that the prime object of the regulations was to secure summary action. “The value of the law depends upon the promptness with which schemes to defraud may be denied the use of the mails to further the swindle. If action is delayed any considerable time,—as would necessarily be the case in a judicial proceeding,—the scheme will consummate its fraud before the interference occurs.” If Mr. Crumpacker’s bill became law, the only effectual action would be criminal prosecution, and this is always difficult since the victimized parties live at a distance, and it is hard to get evidence to offer at the trial.

In practice, the memorandum explained, investigations are made by inspectors of cases where fraudulent practices are alleged, and reports sent to the department. If a prima facie case of fraud is established, the person or concern involved is notified and given an opportunity to appear before the assistant attorney general for the postoffice department; after the hearing a report is made to the postmaster general who takes final action. But such a hearing is not required by the statute.177

The codification of postal laws presented to Congress in 1908, provided for the creation of a Commission of Postal Appeals, to consist of three members, one of whom must be a lawyer, appointed by the President. One of its duties would be to “pass upon the issuance of fraud orders against persons alleged to be conducting lotteries, gift enterprises, or schemes to defraud.” Cases would be submitted by the assistant attorney general upon his being satisfied that the evidence was legally sufficient to justify the order which the Commission would issue or refuse after a hearing; provisional action, however, could be taken, and pending final determination, the mail matter could be held in the postoffice.178