The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-13
TRADE PERIODICALS.
THE POST OFFICE EUIING ON THE MAIL RATES
AS IMPOSED BY LAw-MR BIssELL's oPIN-

THE POST OFFICE EULING ON THE MAIL RATS
AS IMPOSED BY LAw-MR. BIssELLs oPIN-
IoN-TEws OR ADVERTISING death TO A
HOST OF PUBLICATIONS.
The Post ONCE authorities at Washington are again
endeavoring TO enforce the recent ruling respecting
the rates OF postage be applied to trade journals.
The initiative in this movement was taken some four
or five weeks ago. at which time forty atty journals
published In this city In the interest OF various
branches OF trade anu commerce we're notified that
the privileges OF the mails would be Immediately de-
MED them unless they paid postage third class mat
ter. meeting OF publishers held at the Aston
House on June I, u report of which appeared In the
HERALD to devise means for preventing the enforce
ment OF the measure thus announced as in contem-
platoon by the Post Office Department, but definite
course OF action agreed upon by the publishers
body. Through the Efforts OF individual members Of
the trade permission obtained for the transmits
sion OF the pronbned papers through the mails
ond class rates, previously allowed This
cause for rejoicing TO the publishers affected by II.
Within the past two weeks, however, the same trou
bic has been revived, and eight ten prominent jour
malls have been again subjected 10 third rates,
and are now paying them under protest Whether or
not the original list It's entirety, will be
made amenabie to this obligation is not at present
known.
The authority claimed now and on tho previous oc-
cason by the FIRST Acting Assian, POST master Gen
era. James II. MARI, and the Acting Assistant Attor
ney General at the Post Office Department, Mr. A. ii.
Bisse, through whom the oracr proceeds. for their
action In this Affair." section 10, act July ~ 1875
VIII ch is as follows:-
Transient newspapers and magazines, regular publica
lions designed primarily for advertising purposes for
s,aa Of s class n m
shall DE admtted 10 and DO trnnsmei m TN mails ~ in
thereof and one cent tor each two additional
WHAT THE PUBLISHERS CLAIM.
The publishers Affected by TINS order interpret this
language as signiiying:-
Fia-fhat publications. issued to servo a transient,
temporary object should be subject TO third class
Second--Ihat publications VIGOROUSLY devoted to
advertising the Interests or specifics OF the IN.
dvduais or hrms controlling them should be subject
to third class rates.
circulation at ritng charge, issued subservc
aim or eud Of their publishers, should be subject to
thlri class rates. Under the second dchnton-namcly,
qualifications desi2ned primarily TOR advertising pur
poses-hey assume thar trade news papers emanating
from known publication Offices and sent TO regular sub
scrlbcrs ~ regular newspaper subscription rates.
not sought To DC and cannot legally 10
third class Rates Messs Blsse and MARI, other
hand, ieelimpelled ny their Interpretation OF tho law
to rule that such newspapers arc amenaDe TO these
rates, and IN conformity with TINS ceng the Journals
now compelled 10 pay from ore to cents per copy
postage are held TO be properly subject to them.
Mr. Bissell is reported as expressing his sincere
regret at being obnged to expound tho law as he has
done. He Processes sympathy with the publishers OF
trade Journals, and apprecativcy refers TO the de-
vclopment and of these journals He does
not hesitate to declare that the law. Of all the
circumstances, Is a most unjust one.
MIR. BssELL's OPINION.
The following Is Mr.. Bissels written opinion on
this question::
OFFICE OF rnE ASSISTANT ATTORNEY GENERALLY
OF rIy . rosI OFFICE pDErHHmIa1srss -,
Hon. JAMES n rYsER Frst Assistant Postmaster Gem
sI.-Iha made careful examination Of the pubcat ions
Age oSis, published ~ q D. W,ili.ms. a a.
se and s% OF 0 .ns 70 OF 1s
neither them publications bring within the
ierms regular publication designed primarily ior adycr.
Ss, Il, a. IS IN the section
the terms eployed being question Of TACT rather than
ofenerprse which characszed the In.
sss S hs Of ss y"r inc IN
ing or having ntea certain publications devoted mainly
cations issued in sheets, OF thcm having
q 3" n AT sy
intervals some OF them esi ned for tree circulation
only TO bong re and regular At subscription
% ss sr sr as a r os sna s 0 ~
ggrsed adversissment Of those wao publish them
.ons designed primarily or .dyer.i,inE PURPOSE
ssoSs
teenth section Of the scs Of July ~ 1873 There how
the business Of those who publish them, They
ang the pursn, or OF certain class or
q Tie general pa.ls sa.h nte,senes CONSISTING Of
changes in business aud various other matter
what are technically known ~ advertemeut and yet in
conducted Tor the advertisement Vi tho business
OF those who publish them Tho object
q, such publications being to attract notice to
IL Is entirely immaterial to the inquiry
sdcr by what manner this object is best accompis
There be presumption In favor OF all OF
tns character which have bona ie subscription list aud
which published ~ rates other than nominal
q pon which is often diagnosis
The statute intended does discriminate
against regular publications denominated special
publications per-
Twenty-Five publication which all
which for eveybodys all that dem anded
by the people, but It cannot be denied that this day
impossible for general periodical newspaper
brace within its NIL the of the day and
hence but neagrc inform these different subjects
can be supplied the elaborate and scientific details being
lett to the class periodicals.
The intention Of Congress In the enactment OF the
statutes directed against
whether confined to sing department conveying
formation interesting and OF the highst Importance
tain classes OF the community but against those which,
der cover Of shng lust such in we're dc signed
primarily to apprise the public such of the public
could be induced subscribe to their publications. Of their
business or trade
Asa summary of these views I would advise you
publications which are re- uIariy issued by single
Of inaiviuais or srms engaged 'yyu sp"de He
main object of which Is the prosecution OF the
business interest of the publishers OF same
whether the same be done openly az without disguse
whether 1t be done by conveying inform ton relative
the business OF certain class Of the general public well
such public atons confined general
advertising such public BY the
fifteenth section OF the Of 1876 The e,tion In all
cases Is " question OF interest. Very respectfully,
Acting tho Attorney General the Post
Onics Department.
A ORDER.
The continued enforcement OF the ruling concerning
this class OF papers Will, 1t Is believed result III the
extinction OF all the journals affected byn
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