Sacramento daily record-union., 1888-09-08
A POSTAL QUESTION.
What May or May Not be Carried In the
Mall as Regular Publication.

what May or May Not be Carried In the
Mali as Regular Publication.
a reporter of the RECORD UNION called
upon Postmaster Stephens yesterday after
noon ard inquired what there was in the
charge made by the San Francisco Chronicle
TO the effect that he was piaciIigan embargo
upon Republican campaign publications,
or obstruciing the even tenor of the Repub-
acan war upon free trade The Postmaster,
with smile as innocent as If he had not
heard of the campaign, replied:
All there is in the matter your proba-
bly, refer 10 is this Five handles of printed
matter, weighing 165 pounds, were received
at this office through the mail September
q, 1888, addressed TO J. o. Coleman. Upon
examination of tbe bundles (as Postmasters
are required TO do IN case of doubt as TO
which class it beloDgs), they were found to
contain what, from all appearance, Iwoald
consider supplements to the Daily San
francisco Chronicle. For reasons which
will state, | ruled that this was third class
matter, instead of second class. as mailed.
ana sent OUt for Mr. Coleman and iu
formed him as to my ruling, and cited the
law upon which ii was based He imme.
dlateiy teiegraphed TO the proprietor of the
ChTo'ttcfe, who advised him 10 demand. il,
the presence oil Nj;ness, the delivery of
the bundles
While very fully convinced that my ral-
ing was in accordance with the postal laws
ana regulations of 1887, | desired to put
the interested parties to as little delay and
inconvenience as possible, and therefore
submitted the following proposition:
offered to deliver the bundles with the ex-
q ~, sl,..@. L
be submitted to the Department at Wash
iingten, and that both parties should abide
py KS decision that is, if my ruling is sus-
taiAed, the proprietor of the Chronicle te
pay the postage, as I believe the law re-
qEares. Meantime, as under my ruling the
postage held to be due would have TO he
paid upon delivery of the packages to Mr..
Coleman, and as my accounts have to be
made up every night, / offered to advance.
out OF my own pocket, the amount claimed
to be due, until the matter was decided.
rms proposition, which appeared TO me
10 be very fair one, was rejected by the
Chronicte, and through Mr. Coleman, it de-
manded an unconditional delivery of the
packages, which, of course. / declined to
do. Now, as to the law regulating such
matters, hold, If it is claimed that the por-
tion OF the paper contained in the packages
Is the regular issue of that date, it could
not be rated as second-class matter, for the
reason thatit does not in itself show. as the
law requires
Flrst-That the publication is issued at
stated intervals as frequently as four times
year."
Second-Thatiti is issued from known
Office Of publication.
Ihlrd-lt does not show the name of the
person, nrm or corporation publishing the
IIsnf u- tnl, t.cy l. q
NO. 3i4 OF the Postal Laws and Regulations
of 1887.
Ii 1t isclaimed that the printed matter is
supplement to the Chronicle, the law
requires that it must be folded with the
regular issue. If mailed separately. il
must be prepaid as third class matter. In
this case, ii it is a supplement" il is
mailed in bulk, separate from the regular
issue. and hence should be rated as third
class matter.
1t 1t is claimed that the bundles contain
sample copies of publication, sent to
persons not subscribers" etc, their aimis-
sion as second class matter would be un-
authtrized on the ground that thew are NOT
exactly like the regular edition Of the
Chronicle of that day, sent to subscribers
but are different from the regular edition
and are not sample copies" but become
tnlrd-ciass matter as defined in Section 34O
Section 1858 says; When a publication
known by postmaster to be third-class
matter arrives at his postoflice without evil
denoe of having been prepaid by stamps
affixed, he will rate up the package at the
third-ciass rate, to be collected. and report
the facts as above" etc.
By referring TO the article in the Chronicle
oi tnls daie, 1t Will be seen that it has
quoted portion OF the law regulating sec
~
essary for the publication to show that il il
issued at stated intervals. as fire.
4uently as four times year, and that il is
lSSned ISS rom known office of publication.
Inc article could have gone further and
stated tnat IT was also necessary that the |
publication should show by whom it was
published. Neither of these three rennire.
nents are shown by the publication re-. |
;elved at this office, and over which the |
question is raised.
The point he's been raised, in connection |
With this case, understand, that the "Sea !
hde Library Is admitted 10 the mails as |
'econd Class matter. Well, if they will |
axe the trouble To examine q couy of that
publication, they will find that the rules
md regulations have been complied with. |
md that 1t has been properly entered as
econd-elass matter at the Postoffice at
>eW YORK, the same as If it was reeu-
sfly puohshed newspaper. Now, if Won
ear OIL the covers of that publication. Won
estroy all evidence that it is entitled to the
,ound rate, and it would then be rated as
hird-cass matter. That portion of the
,atrol,lcte now in question, which shows
hat 1t IS issued at stated intervals; that it
Issued at known office of publication.
nd giving the name of the publisher as
equired by law, has been omitted from
hose contained in these packages, hence
IL evidence necessary to determine the
uestion of admissibility to the pound rates
as been omitted
In reference 10 tie charge made bv the
'hro'stcte that Democratic campaign papers
documents have been permitted 10 pass
trough the office at a less rate than thew
'ere entitled to, will state that no paper
OF document, in fact, NO article of mail
latter OF any nature or charater whatso.
yer, political or otherwise, has been per-
lltted to pass through this office without
rst having the necessary postage prepaid
lereon.
In fact, this is the first case in which any
e" "spaper, to my knowledge, has asked or
'ught that publications, such as referred
above should pass through this Office at
rate less than third class.
In conclusion, have only to say that ,,
y action IN this, as in all other matters.
as been solely from an earnest desire to /,
my duty faithfully, under my oath of | I
nee, and see that the postal laws and reg ,
lations are strictly complied with.
.,
Pr0bIep,a onH GoJnt,z..