The Washington times., 1902-05-11

Payne to a rule requiring him TO show
cause why he should not be restrained
from refusing TO receive the publications
referred to in the mails as secondclass
matter.
Restraining Orders Issued.
After hearing on the questions involved
the court decided TO continue the restrain
ing orders issued until the matter comes
on for a final consideration.
In two of the petitions considered by
Justice Bradley. the petitioners asked
that writs of mandamus be issued against
the Postmaster General to compel him to
admit their publications to the mails as
second -class matter. In these cases the
Postofiice had issued an order refusing
to receive the publications in question to
the mails as seccnd-class matter.
AS stated, the court ordered the writs
to iss-e.
The Postmaster General, through AS
sistant District Attorney II. H. Classic.
has filed his answer to the original pc
titicns in the litigation, in which he
denies that the publications in question
contained miscellaneous news reading
matter or current news. except Just SO
of the contents.
II is admitted by the Postmaster Gen
eral that the publications were recognized
by several successive Postmasters Gen
eral, and by several successive postmas-
tcrs at the postofiice of its publication.
as mailing matter of the second class. He
is unable to state. he says. whether the
complainant relied upon such entry or
record In the expenditure of any sum of
money: but adds that he is informed and
believes that the publishers being persons
engaged in transactions with the Post
Office Department. we'll knew that, ac-
cording to the practice and usage of the
department, such certificates were ccr-
stantly being revoked and anBullcd.
Do Not Conform to Requirements.
The Postmaster General informs the
court that in pursuance of the duty cast
upon him by law IT is his intention and
purpose not to permit the transmission
of the publications in question at the Sec
ond 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 publica-
tions. and each of them. are primarily de-
signed for advertising purposes and are
largely conducted for the purpose of al
fording a medium for the circulation of
advertisements, many of which are not re-
ceived by legitimate newspapers and mag
aziaes; that, with the exception OF the
title and matter on the first page. certain
OF the publications are identical in mat
ter and In form that the miscellaneous
matter, not advertising, contained therein
is Of little or no value. and is inserted
and designed merely as a cloak for such
advertising matter. and for the purpose OF
giving this collection OF advertisements
the delusive form and appearance of a
genuine periodical and thereby to obtain
for 1t the privilege of the mails at the
pound or second class rate; which rate by
reason Of it being less than one-fourth
the actual cost of transmission, is a
virtual subsidy.
II is declared by the Postmaster Gen
eral that the publications do not contain
a general summary OF the current news.
or literary matter such as is usually
found in literary journals issued monthly;
nor are they originated and published for
the dissemination OF information of a
public character, nor are they devoted TO 4
literature or the sciences, arts or any
special industry.
Although the publications may have |
some legitimate subscribers. the Post /
master General goes on to say. neverthe- 1
less they have not a legitimate list of I
In the sense that all or any
proportion OF the persons TO /
whom the publications are transmitted /
through the mails. subscribe for the pub
Iications as such, and in good faith pay
he subscription price therefor. but, on
he contrary, AYERS that the list OF per-
IONS to whom the publications are trans
uitted ie made up largely of persons who
have not paid any subscription :.nd large
y OF persons who have been induced to
,ubscribe at the subscription rate OF
cents year by extrinsic in
lucement. artifces, gifts, and premiums
II the apparent value to the subscriber
u that sum or over. whereby the sub
cription price becomes. in effect. nom
nal; and that the payment of such sub
cription is never pressed. nor is any Of
aid publications dependent In any wise
.pon said payment for the reason that
ach of them is primarily designed for
dyertising purposes at nominal rates
n such manner that the advertisements
nav be brought 10 the notice Of the great
AZ possible number OF persons. whether
ubscribers or not.
Exercise of Authority.
II is denied that the publications com
ly with the requirements of the act of
Iarcb 1879, save in respect of the mere
,ct OF publication at stated intervals, and
the nero external characteristics of
,cb second class matter; but in respect
: the other characteristics they do not
,mply.
The Postmaster General denies that he
now exercising any arbitrary or capri
ous authority. He also denies that com
atnaut In respect Of said publications
AZ complied with the laws OF the United
Lates in such case made and provided.
m PASSED BY THE HOUSE. ,,