Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-05-10
COMPLAINANTS SEEK TO PRE-
VENT EXCLUSION FROM MAILS.
Publishers Resist Having Papers De-
MED Circulation Through Post Of
fees as Second Glass Matter.

case was CONSIDERED Dy JuSllCe bTdO1ey, IN
Equity Court No. 2, late yesterday in con-
| nection with the return to the rule requir-
ing the Postmaster General to show cause
| why the temporary restraining orders is
sued when the proceedings were instituted
should not be continued in force. The court
took the question at issue under advise
ment.
These injunction cases are considered as
of unusual Importance.
The Postmaster General, in his answer,
denies that the publications in question
contain miscellaneous reading matter, or
current news or literary matter as the same
Is usually found in monthly periodicals. but
on the contrary AYERS that they contain
no current news whatever, no literary mat
ter and only such miscellaneous reading
| matter will tend to disguise the true
character Of the publications.
The Postmaster General states that he
cannot decide whether the publications, at
the time when they were admitted to the
malls second-class matter, complied in
every or any particular with the statutory
conditions, but asserts that at the present
time and at the time when it was deter
mined that the publishers must pay post
age on the same at the third-class rate,
the publications did not, in many particu-
lars comply with such conditions.
Revocation of Orders.
1t is admitted by the Postma ster General
that the publications were recognized by
several successive Postmasters General, and
by several successive postmasters at the
post office of its publication, as mailing mat
ter of the second class. He Is unable to
state, he says, whether the complainant re-
lied upon such entry or record in the ex-
penditure Of any of money; but adds
that he is informed nd believes that the
publishers being persons engaged in trans
actions with the Post Office Department,
well knew that, according to the practice
oro1 nF fl,A Iay1 VI, ,oy,f oh,
Gates were constantly, being revoked and
annulled. ~ 4 !,
The Postmaster General informs the court
that in pursuance of the duty cast upon
him by law 1t is his Intention and purpose
not to permit the transmission Of the pub
locations in question at the second-class
rates for the reason that the same do not
conform to the requirement imposed by the
act Of Congress governing such rates. He
adds that these publications. and each of
them, are primarily designed for advertis-
ing purposes and are largely conducted for
the purpose Of affording medium for the
circulation Of advertisement, many Of which
are not received by legitimate newspapers
and magazines; that. with tie exception of
the title and matter on the frst page. GER
tain Of the publications are identical in
matter and in form; that the miscellaneous
matter, not advertisingJ contained therein
is Of little or value, and is inserted and
designed merely as a clio ak for such adver-
Using matter, and for the purpose Of giving
this collection of advertisements the delu-
sive form and appearance of a genuine
periodical and thereby to obtain for it the
privilege Of the mails at the pound or sec
ond-class rate; which rate, by reason Of 1t
being less than one-fourth the actual cost
of transmission, is a virtual subsidy.
Alleged Omission of News.
1t is declared by the Postmaster General
that the publications do not contain a gen.
eral summary Of the current news, or 1T
erary matter such as Is usually found in
literary journals issued monthly; nor are
they originated and published for the dis
semination OF information Of public char
acter nor are they devoted to literature or
the sciences, arts or any special industry.
Although the publications may have some
legitimate subscribers, the Postmaster Gen.
eral goes on to say, nevertheless, they have
not legitimate list of subscribers in the
sense that all or any considerable proper
ton OF the persons to whom the publica-
tons are transmitted through the mails
subscribe for the publications as SUCH and
In good faith pay the subscription price
therefor, but, on the contrary, AYERS that
the list OF persons to whom the publica-
lions are transmitted is made up largely Of
persons who have not paid any subscrip-
tfon and largely of persons who have been
induced to subscribe at the subscription
rate of twenty-five cents year by extrin-
Sic 1nducement, articles, gifts and premiums
of the apparent value to the subscriber Of
that sum or over, whereby the subscrip-
ton price becomes, in effect nominal; and
that the payment of such subscription is
never pressed nor Is any Of said publica-
lions dependent In any wise upon said pay
Iaent, for the reason that each Of them is
primarily designed for advertising purposes
at nominal rates in such manner that the
advertisements may be brought to the no
t1ce or the greatest possible number of per-
sons. whether subscribers or not
1t is denied that the publications comply
with the requirements of the act of March
q, 1913 save in respect Of the mere fact Of
publication al stated intervals, and in the
mere external characteristics of such sec
ond-class matter; but in respect of the
other characteristics they do not comply
Denies Exercise Of Arbitrary Author
ity,
The Postmaster General denies that he is
new exercising any arbitrary or capricious
authority. He also denies that complainant
In respect of said publications has complied
with the laws of the United States in such
case made and provided
The Postmaster General further says that
he Is charged by law with the duty of SUI
perintending generally the business of the
Post Office Department and of executing all
laws relative to the Postal service. That
among his duties is that of classifying the
mail matter offered for transmission
through the United States mail, and distrib-
uting the same into retrospective classes
created and designated by Congress, in