Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-05-17

Sldteu lHtei NdiS, dS frequently as -four
times a year, and bear date of issue
and be numbered oonsecutivelv
Second: 1t must be issued from =
known Office of publicati ton.
Third: 1t must be formed of nri,4-
ed paper sheets without board, cloth
leather or other substantial bindino
such as distinguished printed books for
preservation from periodical publica-
lions.
Fourth: 1t must be originated and
published for the dissemination of in
formation Of q public character ~. a.
voted to literature, the sciences art.
or some special industry, and having 2
legitimate list of subscribers: Provided
however, That nothing herein contain
ed shall be 50 construed as to admit II
the Sccond-class rate regular public1
lions designed primarily for adyertis
ing purposes. or for free circulat ton. o.
for circulation at nominal rates"
AL. Of the conditions mentioned above
except the fourth are easily understood
The controversies which have arisen
over the terms of this last paragrapb
we will take up later.
If I were to take up the recent radi-
cal changes in the rules and reelIla-
tons of the post office department in
order. would first speak of the restric-
tons placed unon sample copies. sam
Ole copies were admitted to the mails
on the same footing as copies sent to
regular subscribers by the law of 1873
The law has not been changed since
then in 1ny particular. 1t provides
Publications of the second-cIaSs, c-L-
ccpt as provided in Section %. when
sent by the publisher thereof. and from
the Office of publication, including sam
BE copies. or when sent from \ news;
agency to actual subscribers thereto.
or To other news agents, shall be en-
titled to transmission through the mails
ut two cents pound or fraction there
Of. such postage 10 be prepaid Us now
provided ~ law" The rate of posta 90
was changed in 1885 to one cent a
hound inStead of two cents. So far as
sample copies are concerned. the
language Of the statute does not admit
Of any Interpretation, 1t is as plain as
the English language can make it, The
postmaster general, in his report Of
1858, says: "Under the law as it now
stands. publishers and news agents
Have the right To mail sample comics of
their publications at the same rates as
for copies for actual subscribers. ana
AS no limit To this privilege is prescrib-
I'd, postmasters are bound to receive III
every case, where a publication is
legitimate, and number Of sample
copies that may be offered" Subse-
quent reports Of the department has
emphasized this point.
ter general, did not differ from his pre-
decessors in his understanding of the
law regarding sample copies, at the
time of submitting his annual report
for the year ending June 50. 1899 in
chat report he says. in speaking of al
icged abuses: The third abuse grows
out of the privilege of sample copies
In its original and obvious intent this
privilege harnoniZes with the policy
under which legitimate publications
are granted an exceptional rate OF pos
taGp. The sample copy Of = regularly
admitted paper or periodical. counting
for support upon its merits, is presum-
ably designed to induce a new subscrip-
lion by exhibiting its merits, in a new
quarter" The postmaster general says,
however. that the sample copy priv
lege is used - create large circula-
ton as 4 Plea and pledge for advcrts-
ing patronage, but confessed his IN
ability to change conditions in the Ian
guage already GuOted: For this rea-
son the difficulty must be cured by the
luW-mItiug power" AT that time the
postmaster general believed the sample
copy privilege should be restricted. but
believed with all postmasters general
who have preceded him, that the de-
partment alone is powerless to remedy
the evils" and that the difficulty must
he cured by the w-making power"
Notwithsta nding the fact that the
iHW specifically and i'll definite terms
provides that sample copies shall be
81 mt ut the same rate OF nnstaG" rs
b1pers sent to regular subscribers,
about two years ago Charles Emory
Smith ana Edwin G. Madden under
took to 40 arbitrarily that which they
NncW and had previously stated TO he
unmistakably contrary to the law
Possibly the publishers in general may
believe that the regulation limiting the
number Of sample copies to a number
equal to the regular subscribers would
make 4 better law than the present
law. That does not alter the case. The
post Office department is not permitted
Continued on page ~.