New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-10
" NEWSPAPER Ia VS."
JUDGE THOMAS RENDERS TWO OPINIONS
ABOUT THEM.
WHAT CONSTITUTES FRAUD ON THE PART OF
SUBSCRIBERS SCHEME OF THE PUB
L1sHERS' COLLECTION AGENCY

DENOUNCED.
Washington March s-Judge Thomas, Assistant
Attorney General for the Postoflce Department has
received numerous inquiries from persons all over
the country in regard to the so-eaed newspaper
laws which he recently stated had no existence In
fact To-day he rendered opinions relative 10
them. and forwarded them in the form of letters,
one 10 an editor OF a Boston newspaper, and the
other attorney of so-caled collection agency
In the first letter he summarizes the alleged news
paper laws follows:
% Subscribers who do give express notice -
the contrary are considered as wishing 10 renew
90 If subscribers order the disconnuance Of their
periodicals. the publisher may continue to SEND
them until all the arrearages have been paid
GO II subscribers neglect or refuse to take their
periodicals from the postofhce 10 wnlcn tney are
directed they are Responsible untii theE nave Se-
tied their bills and ordered them discontinued
she pubsmers ana the papers are sent
to the former addresses. they are held Responsible
periodicals from the Office or removing and leaving
them uncalled for is prma face evidence OF inien-
90 The latest postal laws are such that newspa-
per publishers can arrest any one Tor lraud WHO
law the man Who allows NJ subscription TO run
along for time unpaid and then orders 1t DIS
fused" and have postal card sent notifying the
publisher. leaves himself liable to arrest ana fine
The same for theft.
Commenting upon these alleged provisions OF law
Judge Thomas says:
There no such laws as these enacted by con,
/ hold that when publisher duns party FOR the
price of his paper accompanied by a ihTest TO en-
guilty OF attempt to obtain money under iaIse
preiences. If he knows these laws have NJ tAist
ence as laws and II ne knows ;he sum demanded Is
not due The only Federal statute on THIS subject y
Section 3SS. Revised statutes. whcn reads - i'i-
lows: -
'Postmasters shall notify the ubli~ners Of any
new spaper other periodical when any subscribe
shall refuse to take the same from me once @.
neglect to call for 1t for the period OF one month
doubt that the publishers OF newspaper lS,,
a great deal OF money that Is legally ana equltah'.
due them from subscribers. but canno believe mat
they will threaten to enforce against dehnquen sun
scribers what purport TO be laws OF the mos, si.i
gent kind when they are Informed hat there arr
a newspaper and subscriber is tina; OF contraG'
and the rules of law apply In that case 40 ap
ply in other business transactions between man anu
man.
In his second reply Judge Thomas saws;
incloSe you copy OF letter l sent today IT,, H.,
say that the method of business adopted by thu
Publishers Collection Agency Is utterly indeiehsl-
these so-cailed newspaper laws which OF COURSE.
you lawyer know have no existence a. Ia" :
these so-caied laws not referred in the body
herewith With an object which You say is apparent;
have held as YOU will see from the incosed ietv9
attempt to obtain money false pretences wh-u
ne makes demand for the subscription price Of h's
panied by a threa; TO enforce ,hes,. so-called laws
in case Of refusal TO pay: and If that be- so. no"
eratey devses scheme Ike this IN order 10 eniorer
cOleCt There mignt be some excuse FOR pun
lShers who are not lawyers. In promulgaNng such
laws. but there he none for collection agency
which presumably has at all times legal adviser
II is apparent that these la Ws printed on tn"
face OF the letters your agency senGs out In ord'"
to scare the parties dunncd into making prompt
remittances. In the second dun sent out there ~
some significant language. II is ated that II the
claim IS not paid suit viii be brought which VIII
not he Of a very plea SAINT nature Immediately OPP
posite this statement in the margin are printed the
SO-called laws. according to which ne may b" ar
rested and punished IL he fails respond with the
money, whether he legally not. And
again. II appears from the cautious wording of the
dunnng letters the writer conscious that tho
so-called laws have existence laws. for ne
scrupulously refrainS from referring 20 them M
terms and yet the letter Is written side by side
them the object 81 which u apparent you your
self admit.
This Is not legitimate method OF doing bushes
Ny opinion is that the scheme Of this agency.
conducted. Is devised TO defraud the people by
the pretence that there certain laws which hav"
existence In fact. and literature and letters
corning IL non-ma liable under the provisions OF
the acts Of Congress approved March . 1889 O. Stat
s13J, and September 10. 1890 (95 Stat. 800