The federal constitution confers upon Congress the power to establish post-offices and post-roads .28

Among the several statutes enacted by Congress for the establishment and regulation of the post-office department there are many criminal offenses defined. Among these offenses is that of defrauding by use of the mails. This offense is usually committed by devising some scheme or artifice which is given publicity by sending circulars and letters through the mails by means of which persons are induced to open correspondence with the operators of the scheme or artifice.

The information contained in these circulars holds out flattering inducements to correspondents that large and quick profits can be made out of small investments.

The information is so cunningly worded that the fraudulent character of the scheme or artifice is hard to detect. Hence many are led to make remittances through the mails to the owner or operator of the scheme under the belief that they are investing in an honest and profitable enterprise. The statute against this sort of thing is very broad and sweeping in its terms and reaches all kinds of schemes or devices.

A scheme or artifice to defraud by use of the mails does not necessarily mean a common law or statutory fraud.29

27 State vs. Cohoon, 12 Ired (N. C), 178; Hughes' Cr. Law, Sec. 2324; Ex parte Rodriguez, 39 Tex., 752; Morril vs. Haines, 2 N. H., 246; U. S. vs. Badinelli, 37 Fed., 138.; See Cooper vs. State, 25 Tex. App., 530; Cooper vs. State, 26 Tex. App., 575 28 U. S. Const., Art. 1, Sec. 1, 01. 7.