The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-05-13
Newspaper SupnIements.

Newspaper Supplements.
A decision of some Importance to news
papers has just been rendered in the U
s. District Court at Cleveland, Many
newspaper publishers have n fashion o.
folding in their papers advertising sheets
circulars or posters, assuming that by
printing supplement at the head they
evado the u, s. statute made and pro
vided for such practices. Mr.. A. K
Brown, o. the Alliance, o., Monitor la,
bored under this doluslOn, and was indict
ed and convicted Of having violated the
following section Of the U. s. statute.
"Iiany person shall enclose or conceal
letter or other thing or any memOran.
dun In writing in newspaper, pamphlet
or magazine, or in any package Of news.
papers, pamphlet or magazines, or make
any writing or memorandum thereon
which he shall have delivered into any
post Office, or to any person for that pur.
pose, in order that the same may lie car.
ried by post, free of letter postage, he shall
forfeit the sum Of five dollars for every
such Ofiense, Is.
In pronouncing his decision, Judge
Sherman said
The question raised in this case Is OF
considerable importance TO the publishers
Of papers, and ruling upon II has been
desired by the Post Office Department,
although in the case at the bar, 1t Is con.
coded that the defendant had no inten.
ton Of violating any law, II having been
the custom, TO some extent Of publishers
Of newspapers TO send such circulars or
advertisements through the mail, sup.
posing II was permissible under the Post
Office regulations which provides US fol.
lows: publishers Of newspapers, may,
without subjGCting them to extra postage
fold within their regular issues q supple.
menL But in all such cases the added
matter must be n genuine supplement or
appendage TO the newspaper In question,
and of tho same essential character, con.
veylng intelligence Of general interest" y
Under this regulation II Is undoubtedly
competent for publishers rs Is frequently
done in Eastern newspapers, and not un.
frequently In our home papers, when tax.
lists or other vOluminOus advertising mat
ter Is 10 be published, TO print and ell.
close for distribution, by mail or other
wise, regular supplements, containing the
advertising or other general matter
crowded out Of tho regular, or usual col.
umns. But handbill, circular or pos.
ter Of the description here In question, Is
not such supplement, although, as In
this case, It may be so called or entitled
by the publisher. 1t Is not "a genuine
supplement or appendnge 10 the newspa.
per" II does not meet the common popu.
lar understanding Of the term Supple.
ment,' nor Is It Of "the same essential
character" OF newspaper, nor does II
convey Intelligence Of passing events Of
general interest" II Is more in the ma.
luro of q private circular advertisement,
hand.bill or poster, and It may also be re-.
marked that II contains wood cuts Of a
large style Of print, which could not be
inserted in newspaper without great and
unusual trouble and expense. 1t Is not
an advertisement crowded out OF the reg.
ular issue, but such one us would never
be inserted in n regular issue. 1t Is true
that each case Of this nature must be
Judged of by It's own peculiar character.
istiCs, but there Is u wide distinction be.
tween the genuine supplement" spoken
Of in the Post Office Regulation, and Is
there defined and described, and a hand.
bill advertisement or circular, the dis.
tinctive character of which, MS dlstin.
guished from q newspaper supplement, Is
readily appreciated by the popular under.
standing, and determines the law Of the
case.
Newspaper publishers who violate the
statute in the particular pointed out, abuse
their own interests. If man wants 10
use the circulation OF paper to advertise
his business he ought to put his advertise.
ments In the advertising columns. The
publisher who allows the other practice
is destroying his own business and Under.
ming his ability to publish a paper at all