Gilpin observer., 1899-04-13
Posr OFFICE DEPARTMENT,
WASHINGTON, D. G.

POST OFFICE E DEPARTMENT,
WASHINGTON, D. G.
SIR:-Your letter, of the = with inclo-
sure reached me yesterday, and in reply
| have to say that the so-called laws re-
ferred to in the despatch from Washing
ton, are as follows:
l. Subscribers who do not give express
notice to the contrary are considered as
wishing to renew their subscriptions.
2. If subscribers order the discontinue
ance of their periodicals, the publisher
may continue to send them after all ar
rearages have been paid.
3. If subscribers neglect or refuse to
take their periodicals from the post
office to which they are directed, they
are responsible until they have settled
their bills and ordered them discontin-
ued
4. If subscribers move to other places
without informing the publishers and
the papers are sent to the former ad-
dress, they are held responsible.
8. The courts have decided that refus-
ing to take periodicals from the Office, or
removing and leaving them uncalled for,
is prima facie evidence of intentional
fraud.
G. If subscribers pay in advance, they
are bound to give notice at the end of
the time il they do not wish to continue
taking it; otherwise the publisher is au-
thorized to send it, and the subscriber
will be responsible until express notice
with payment of all arrearages is sent to
the publisher.
T. The latest postal laws are such that
newspaper publishers can arrest any one
for fraud who takes paper and refuses
to pay for it. Under this law the man
who allows his subscription to run along
for some time and unpaid and then Or
ders it discontinued, or orders the post
master to mark it refused" and have a
postal card sent notifying the publisher,
leaves himself liable to arrest and fine,
the same ss for theft.
There are no such laws as these enact
ed by congress or established by the
postmaster general. And l hold that
when publisher duns party for the
price OF his paper, which is not due, ac-
companied by threat to enforce such
laws if his demand is not met, he is
guilty of an attempt to obtain money
under false pretenses, if he knows these
30 called laws have no existence as laws.
The only federal statute on this subject
is Section 1886 Revised Statutes, which
reads as follows:
"Postmasters shall notify the publish
er Of any newspaper or other periodical
when any subscriber shall refuse to take
the same from the Office, or neglect to
call for it for the period Of ope month"
The existing regulations prescribed by
the postmaster general to carry into ef-
feet this law are found in Sections 557
and 558 P. L. & R.. as follows:
Section 557. Notice will be given when
a newspaper or periodical is uncalled for,
or refused, or when the subscriber
changes his address without notifying
the publisher or ordering his matter for
wardsd, upon the blank form furnished
for that purpose. which can be procured
by application to the first assistant post
master general. division Of post Office
supplies. II the first notification be dis
regarded, second may be sent, calling
attention also to the fact OF previous no.
tice. The notice is to be given to pub
fishers in Canada and Mexico as we'll as
this country.
l. There is nothing in the postal laws
or regulations concerning the liability of
subscriber for the subscription price of
a newspaper or periodical.
2. II a postmaster should cause loss to
a publisher because Of failure to COM
ply with plain provision of law, his lia-
bility would have to be determined in the
courts and not by the post Office depart
ment.
3. Postmasters should make a record,
for their own protection, when pub
Usher is notified Of the non-delivery OF
his paper to subscriber. This record
should show the name Of the publica-
ton, city or town in which it is pub
lished, name OF the subscriber and the
date when the notice was sent. II the
first notice is disregarded, second one
should be sent, and record also made
OF it.
Section 55s. After notification has
been given, as required in the previous
section, the postmaster will hold the re-
fused matter for 30 days, after which the
same, and all copies subsequently arriv-