The contention that the Post Office Department is powerless to enforce the criminal statute was answered by Judge Ryan of this court in
Monart, Inc. v. Christenberry, 168 F.Supp 654. He pointed out that sections 22 and 369 of Title 5 U.S.Code, in substance, grant to the executive head of each department of the Government authority to issue and promulgate regulations necessary to properly carry on the business of his department, the first named section having reference to the departments in general and the second to the Post Office Department. He cited the regulations of the Post Office Department, Title 39 of the Code of Federal Regulations, sections 203.1 to 203.14 contained in
23 Fed.Reg. pp. 2798 et seq., effective April 26, 1958, providing for hearings and determinations on claims of non-mailability under
section 1461 of Title 18 U.S.Code. He pointed out that the material had been held to be non-mailable pursuant to procedure outlined in these regulations and said that the Post Office Department was not required to sit idly by and lend itself as an instrument for the commission of a crime when matter proscribed as non-mailable was offered for mailing. He held that there was an obligation imposed on the Postmaster not to permit such matter to be conveyed through the mail once it had been determined to be non-mailable. I heartily concur in Judge Ryan's decision and I follow it in rejecting plaintiff's contention that the Post Office Department cannot close the postal service to material the mailing of which would be a violation of
section 1461.