The Washington times., 1901-08-15
AFFECTED BY NEW RATES.
Some Results of Second Glass Mail
Privilege Restrictions.
suppression of Objectionable Patent
Medicine Advertising May Follow
"A Boston Wan Wishes to Confer
with the Postmaster General.

Medicine Advertising May Follow
"A Boston Wan Wishes to Confer
with the Postmaster General.
After a lengthy consultation with pub
fishers of leading newspapers in the New
| England States, b. G.. Underwood of Bos-
| ton, has come TO Washington for con-
ference with the Postmaster General in
relation to various reforms in the privi-
| ieges of the second class mail matter
class. announced to 20 into effect October
| ]. The reforms re understood to embrace
the suppression of Objectionable advertising
matter, and especially advertisements of
, certain patent medicines. Accordingly to Mr..
Underwood. newspapers which print these
| advertisements after October l will be de-
MED transmission through the mails as
| second class mail matter
| The question is one of great impor-
| lance to newspaper publishers said Mr.
| Underwood yesterday, and more espec-
tally so to the publishers of small country
] papers. Numerous reforms will be insti-
: tuted on October l. Among the matters
which we wish to discuss and consider
| with the Postoffice Department are the
| following:
| What advertisements can be declined
| by a newspaper? What is a newspaper,
| legally? Action of the Postoffice Depart
| ment regarding publications which insert
| Objectionable advertisements. Status of
| certain trade publications. when the pub
fishers are directly interested in another
! business. and refuse to insert, at regular
rates. advertisements from their COMPETE
| tors
| These are a few questions" added Mr.
Underwood, which the Postoffice Depart
| ha q ok IN ha api-
! tation started through the fact that the
medical advertising has grown bosder and
| more offensive every year. so much so
| that many libraries in the United States
| have declined to allow publications print
| ing them in their rooms
I Speaking of the 5000 small country pa
| pers, Mr.. Underwood declared that they
| will be greatly benefited by the reforms
which the Postoffice Department is about
| to inaugurate. 1t is understood that Mr.
| Underwood has made test case before
the department In regard to the Brock
ton Times"
The Third Assistant Postmaster Gen.
| eral yesterday gave out the construction
| by the Assistant Attorney General for
the Postofiice Department of the act of
July Is. 1891, relating to benevolent, fra
| ternal and educational publications. In
| a letter Issued to DOStmaSterS
| regarding the matter MIR. Madden said:
| In considering applications for the
| entry of publications under the act of
| July ID. lssi. postmasters will be guided
| from opinions of the Assistant Attorney
| below:
The act referred to reads as follows:
| Provided, that from and after the
| passage OF this act all periodical oublica-
lions issued from known place II pub
LEGATION at stated intervals and as fire.
| quently as four times year by or under
! the auspices of a benevolent or fraternal
| society or order organized under the lodge
! system, and having bona fide member
| ship Of not less than J, 900 persons or by
| regularly incorporated institution of
| learning or by or under the auspices of
| trades union, and all publications of
| strictly professional literary historical
or scientific societies, Including the b,lln,
/ tins issued by State boards Of health
! shall be admitted to the mails us second
class matter and the postage thereon shall
be the same as on other Sc cond-class
| matter. and more: provided, fur
| ther. that such matter shall be originated
and published to further the objects and
| union or institution of learning and shall
be formed of printed paper sheets with
out board cloth, leather. or other sub
printed books for preservation from peri
| odical publications.
| The opinion rendered by James n. Ty-
ner. the Assistant Attorney General for
| the Postofice Department under date of
April 4. 1900 is as follows:
Il have the honor to acknowledge the
receipt of your communication of the 9th
ultimo requesting my opinion as to the
meaning of the terms "a regularly incor-
| porated institution of learning as con-
| tanned In the act of July 16. 1894. relating
| to the admission to the mails as second
| class matter of publications issued by be-
| nevolent or fraternal societies institu-
| lions of learning, etc.
The case you present is that of the
Gainesville Business College Company of
| Gainesville. Tex, which makes applica-
| ton for the admission to the second-ciass
| rates. under the provisions of the act of
| July l6, 1884; of periodical publication
| issued by said company.
GU state that there are two classes of
| institutions applying for the privileges of
| this act; first, those of public character
| Incorporated under the name of the in
| stitution itself: and second. those of a
private character. incorporated by stock
| company for purpose of gain.
In my judgment the aim of the act of
| July lG, 1894 is to promote the interests
Of institutions of learning organized for
the benefit of the public and not for any
company or person maintaining and con-
Quoting a school. college, or place of in
struction for the personal benefit of the
owner or stockholders.
Z" The Gainesville Business College
Company is Incorporated under the laws
of the State of Texas for the purpose of
giving instruction. and such business is
conducted for the benefit of the stock
holders of the company. This company is
not, in my judgment, a regularly incor-
porated institution of learning within the
| meaning of the act of July l6. 1894, and
therefore. a publication issued by 1t is not
admissible to the mails as second-class
| matter under the act"
Under date OF January "a, 1901, Mr..
Tyner held:
y have before me your letters dated
November 30. 1900. and December Z, 1900
with which you submitted a number of
specimen periodicals. and ask to have
settlement of the following questions,
viz:
First. The right of publisher, under
the educational act, to insert any adver-
Using not pertaining strictly and immedi-
ately to the propagation of learning in its
technical sense, as intoxicating a knowl-
cultivate and enlarge the mind, distinct
| from the sale of school furniture or any
other article
Under this law, to entitle a paper to be
sent through the mails at second-class
rates, among other things. the matter con-
tanned therein shall be originated and
published to further the objects and pur-
poses of such society, order, trades union.
or Institution of learning. In reply. there
fore to your enquiry designated first |
have TO state that in my opinion paper
4 containing advertisements in the interest
of other persons or concerns than the
ciety order. trades union. or institution of
learning which such paper represents, is
not entitled to the privileges of the law
quoted. My opinion is strengthened by
the fact that the act Of Congress (March
,. 1879, which authorizes you to accept
at second-class rates certain periodical