In the Matter of a Mail Dispute Between:

WILLIAM B. WHEELER, III and PATRICIA CONDON

P.S. Docket No. MD-45

Grant, Quentin E., Chief Administrative Law Judge

APPEARANCE FOR WILLIAM B. WHEELER, III:
William B. Wheeler, III, Pro Se,
P.O. Box 47052,
Atlanta, GA 30362-0052

APPEARANCE FOR PATRICIA CONDON:
Walden G. Housman, Jr., Esq.,
Learning Foundation Building,
824 S. Milledge Avenue,
Athens, GA 30605-1332

INITIAL DECISION

The parties claim the right to delivery of mail addressed to The Church of Y Tylwyth Teg (hereinafter Church), Y Tylwyth Teg, and The Association of Cymmry Wicca (hereinafter Association) at P.O. Box 1866, Athens, GA 30603. Both parties made timely submittals and have filed comments permitted by the Rules of Practice.

FINDINGS OF FACT

1. The Church of Y Tylwyth Teg, Inc. was incorporated in February 1977 as a nonprofit religious corporation under the laws of the State of Georgia. Disputants Wheeler and Condon were two of the three incorporators.

2. The Association of Cymmry Wicca is a nonprofit religious association, an auxiliary of the Church, chartered by the Church, and founded by disputant Wheeler. Wheeler's title in the Association is founder and, as such, he is the chief officer thereof.

3. Y Tylwyth Teg is the name of the Welsh religious tradition practiced by the Church and a name sometimes used by the Church for the receipt of mail.

4. Disputant Wheeler is the chief executive officer and president of the Church. He was appointed president on December 9, 1988.

5. Disputant Condon applied for P.O. Box 1866, Athens, GA 30603 on July 25, 1983, in behalf of the Church and at the request of Mr. Wheeler. Since that time, she has paid the box rental by checks imprinted Lady Branwen/Lugh, Church of Y Tylwyth Teg. The name Lady Branwen/Lugh is one sometimes used by Ms. Condon.

6. Ms. Condon's claim to the presidency of the Church is based on an undated letter from Rhuddlwm ap Gawr, a name sometimes used by Mr. Wheeler. Ms. Condon asserts the letter was received by her in December 1985 and that therein, Mr. Wheeler gave her the Church and made her president thereof. The letter purports to do what Ms. Condon asserts.

7. Ms. Condon also claims the presidency of the Church on action taken at a special meeting held on February 1, 1986. The minutes of that meeting, submitted by her, reflect that she read the letter from Mr. Wheeler dated December 1985, referred to in the preceding finding, and, thereafter, as Lady Branwen, was elected president.

8. According to the sworn statement of Mr. Wheeler, dated January 18, 1989, Ms. Condon's membership and association with the Church was terminated by unanimous vote at a special meeting of the membership held on June 27, 1987. Ms. Condon has not denied this statement.

CONCLUSIONS OF LAW

The preponderance of the credible evidence submitted by the parties supports the conclusion that disputant Wheeler is president of the Church and chief officer of the Association. As such, he has the right, in case of dispute, to order the delivery of the mail in question (Domestic Mail Manual § 153.51). Disputant Condon's claim to the presidency of the Church rests principally on the purported gift of the Church and that office to her in Mr. Wheeler's letter of December 1985, and her payment of the rental on P.O. Box 1866 for the past several years. The purported gift of the Church and the office of president appear to be invalid and ineffective because there is no authority for such action in the Church's articles of incorporation or by-laws. Furthermore, Ms. Condon's membership in, and association with, the Church were terminated by vote of the membership at a meeting in June 1987. The payment of rental by Ms. Condon for P.O. Box 1866, applied for by her on behalf of the Church in 1983, gives her no say in the delivery of the mail in question as against the right of Mr. Wheeler. This dispute is over the right to delivery of the mail, not the right to use Box 1866.

The attached mail delivery order should be issued.