Journal & Tribune Co. v. United States
Headline: Court upholds denial of refund request by newspaper that paid mail postage after intended express shipments were carried as mail, ruling no mistaken payment requires return from the Government.
Holding: The Court affirmed that the newspaper cannot recover postage because it paid for mail service actually performed, any mistake was by the newspaper’s agents, and the United States is not liable for such tort claims.
- Newspapers cannot reclaim postage when the mail actually carried their papers.
- Senders must ensure express shipments are collected and separated to avoid postal charges.
- You cannot sue the United States in Court of Claims for its officers’ torts.
Summary
Background
A Knoxville daily newspaper and the United States postal service disagreed about who should pay for transporting bundles of papers. The publisher used wagons to move addressed mail sacks and labeled bundles that it intended to send by express to the railway platform. For some years an express porter collected those labeled bundles, but after the express office moved the mail transfer clerk weighed all sacks and bundles and sent them as second-class mail. The publisher was charged at one cent per pound and paid from a deposit. In 1913 the publisher discovered about 358,442 pounds had been carried as mail, costing $3,584.42 in postage instead of $1,792.21 by express. The Court of Claims dismissed the publisher’s suit for a refund, and the appeal reached this Court.
Reasoning
The central question was whether the publisher paid under a mistake that required the Government to return the money. The Court held there was no such mistake making it unfair for the Government to keep the payments because the bundles were in fact transported as mail and charged at the proper rate. No errors in weight or charge were found. Any mistake was by the publisher’s agents in letting the papers go by mail. The Court also noted that even if a postal employee had been negligent, the United States has not consented to be sued in the Court of Claims for its officers’ torts. The Court therefore affirmed the dismissal.
Real world impact
The decision means publishers who actually have their papers carried by mail cannot recover those postage costs later simply because they intended express delivery. Senders must make clear arrangements so express carriers actually collect and transport parcels. The ruling also reinforces that tort claims against postal officers do not create a right to sue the United States in the Court of Claims.
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