New-York tribune., 1879-03-15
does not further impair the revenue the arrears can
probably be disposed of within a couple of years
ADVERTISING SHEETS IN THE MAILS.

ADVERTISING SHEETS IN THE MAILS.
A DECISION RELATIVE TO THE DEFINITION OF AN
ADVERTISING SHEET AND RATES OF POSTAGE.
TBY TELEGRAPH THE TRIBUNE.l
WASHINGTON, March 14.-The law officers of the
Post Office Department are engaged III a constant
wranglc with the publishers Of advertising sheets,
in all parts of the country, who attempt to force
their matter through the mails at pound rates, the
same as If they legitimate newspapers. An IN
teresting decision has been rendered to-day by As
sistant Attorney General Freeman, of the Post Of
flee Department, in relation to this matter.
The proprietor of one of the class of papers re-
ferred to, a publication evidently designed to
advertise the business Of certain claim agencies,
took exception TO the ruling of the Postmaster
General by which his paper was denied the prlvl-
leges accorded by law to regular newspapers, and
he petItioned for review of the decision. HIS
petition was accompanied by affidavts setting
forth that his paper not published primarily
for advertising purposes for free circulation,
that his income from subscriptions is S3,OOO year
and that Observation-Disclosures OF his paper Is not
devoted to advertising. The following extracts
contain the most important portions OF Judge
Freemans opinion:
paper the principal object design Of which is to
advertise particular trade or profession, edited ana
controlled by person engaged IN the psrucu.I VI m W.
profession advertised In ITS columns fals Win tc
class dc unCd by lDe law 10 DC ItGuldT pupb'b'"'o
designed primarily for adyerslns purposes. toec'on %
10, Act approved July II. 1850 In asccrtahnS ine
primary purpose Of the paper we are not cOnhncd 10
either its editorial advertising columns for it IL TACT
that will hardly by contTOycted that by lar the most
of editorials call particular attention TO that character
of i'm which the advertiser is engaged lhs i
ness thus advertised can be conducted but place,
and the editor proprietor the only person adVer
tscd as engaged IN that particular business there
fore conclude that the matters OF fact offered TO be set
forth in the affidavit of the petitioner might be true and
dered by the Department.
The paper in question may have large and bona fide
subscription st, from which Its proprietor derive
large income. 1t may possess all the pafaphernaa OF
newspaper, possessing known office OF publication.
issued IN regular numbers, conveying Intelligence OF
passing events, etc. and yet be regular puDLcatol
This question IS invested with almost insuperabe
difficulties. What Is regular publication designed
rive At l;roper CONCLUSION II may be necessary to ex
anime critically two words used IN the para
graph namely "desisnfd' n1GrG ana primany dhc
paper he intention or r',i purpose pos MN in
he its primary" purpose. The primary here
relates the order Of time when this purpose was
formed but relates 10 the character OF this design ITS
dignity and Importance 1t means therefore regular
publication the principal purpose or object OF which is
TO advertise.
But we are told that the principal profit derived from
the most Of periodical publications Is derived from
advertisements. and that, therefore, asked to
conclude that advertising is the principal object of TIE
leading newspapers Of the country ana n II was not
Tie design Of Congress include the current
ucyspapers day in TINS that therefore, this
definition is unsatisfactory But must not confound
the "desire" or "wish" Of the publisher with his
''design." His wish desire is to make money. HIS
design Is to do by means or publishing a paper.
He may conclude to publish paper having no &dycr-
tlspments at ALL such. for instance, The Ne' YORK
Ledger or he may conclude to publish having, like
Ihe Netc- York Herald large amount OF advertise
mcnts In both cases, however, his business Is the dis
semiuatiOn Of lie wspapeT matter.
When we find paper published at a point where
particular trade profession amounts to specially,
and we find the columns OF said paper largely devoted
to a particular trade or profession its editorials prin
cipaly that subject, its correspondence almost
cusivcly on that kindred subjects the burden Of Its
information relating 10 particular subject as. for In
stance the collection or claims against the Government,
when we find the whole makeup OF the paper OF
character the and enlist the interest Of only
q particular class, conclude, Of course, that
il il what is dcnominated class Journal"
That however is not sufficient to exclude it from the
paper5 OF TINS class are every
day admitted to the mails at pound rates But when We
proceed step further and ascertain that i'll addition TO
all this the paper advertses the proprietor, and lie
alone as engaged in business enterprise III when the
uarticular class of persons whose interests are appar
entity sought TO be promoted are most deeply inter-
ested, think may well conclude that the primary
or principal object OF tue paper is TO advertise the
business Of the editor.