Jeffries

Invoking the jurisdiction or this court under 28 U.S.C.A. § 1339 plaintiff seeks judgment declaring void, 28 U.S.C.A. § 2201 ; Skelly Oil Co. v. Phillips Co., 1950, 339 U.S. 667, 671 , 70 S.Ct. 876 , 94 L.Ed. 1194 ; Southern Pac. Co. v. McAdoo, 9 Cir., 1936, 82 F.2d 121 , and permanently enjoining enforcement of Postoffice Department Fraud Order No. 55291 issued by the Postmaster General under the claimed authority of 39 U.S.C.A. §§ 259 and 732.

Section 259 of Title 39 of the United States Code provides inter alia that: “The Postmaster General may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery * * * or * * * any other scheme or device for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, instruct postmasters at any post office * * * to return all such mail matter to the postmaster at the office at which it was originally mailed, with the word ‘Fraudulent’ plainly written or stamped upon the outside thereof; and all such mail matter so returned to such postmasters shall be by them returned to the writers thereof, under such regulations as the…