Joseph McKenna

“ In determining the 'gross receipts' upon which the salary of a postmaster shall be based, stamps, stamped envelops, and postal cards, sold in large or unusual quantities to any person to be used in mailing matter at other postoffices will not be included, whether the sale be made with or without solicitation by the postmaster. ”

“ It is manifest from the quoted provisions that their purpose is to fix the salary of postmasters by the normal receipts of their respective offices, and thereby keep the officers in relation, and to secure such end quarterly returns are required to be made by each postmaster, and each is prohibited under criminal penalty from selling or disposing of stamps, stamped envelops or postal cards outside of the delivery of his office, or selling or disposing of stamps, etc., otherwise than as provided by law or the regulations of the Postoffice Department. ”

“ An overt act by Winchell is charged.
The defendants were duly arraigned and pleaded not guilty, but subsequently withdrew their pleas of not guilty and filed demurrers to the indictment.
The grounds of demurrer were the same as to both counts, and were: (1) The facts alleged did not constitute a crime; (2) nor an offense at common law; (3) nor a violation of the statutes or penal laws of the United States; (4) nor a violation of any valid regulation of the Postmaster General; (5) each and every one of his regulations is invalid. ”