Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-13
POSTAGE ON LISTS
MIR. MADDEN t1nstsrs THAT IT
SHOULD BE OF THE THIRD-cLAss.
Discusses Cases Pending in the su-
preme Court = The Depart
ment,ss Position.

The third assistant Postmaster general.
Mr.. Edwin c. Madden,-has given out an
interview respecting what are known as
THE Railway Guide" and THE Railway
List" cases. involving the application OF the
postal laws governing second class mail
matter, both OF which are now pending on
appeal in the Supreme Court of the United
States from the District Supreme Court
and Court of Appeals The publishers Of
these two publications are contending Wig
orously for the right to have them carried
in the mails as second-class matter. while
the third assistant postmaster general is
just as strenuously eontending that they
are third-class matter and subject to the
rate prescribed by law for matter of that
class. ,-s.-s- sw
The Guide Described.
'The first mentioned of these publica
TONS said Mr.. Madden. lis known as The
Official Guide of the Railways The con-
tention of the department is that this pub
lication is not entitled to be carried in the
mails at the subsidized second-class rates
which the law provides for newspapers and
periodical magazines, because within the
meaning of the law, 1T is not a periodical
publication; or, to be less technical. it is
not magazine in any true sense. 1t is a
book of railway timetables. with about
l,lOo pages The public will recognize 1t:
1t can be seen on every railroad ticket
agents counter. 1t is issued each month.
Inc succeeding numbers contain no new
matter in the way of time tables; 1t is the
old matter republished with the changes
IL the time OF trains which have occurred
since the previous issue noted. In the great
bulk OF the print of any number not a
type is changed from the preceding issue.
If no changes occur in any month the next
issue will appear in exactly the same type
far as time tables are concerned Ny
q n0f 10 a W
entitled to Second-class rates is grounded
upon these facts.
Cost to the Treasury.
AS to the cost of carrying the Railway
Guide in the malls, Mr.. Madden said:
1T is roughly estimated that the amount
allowed him in this way annually is about
$4,000; and if he avails himself fully of
his sample copy privilege that amount
would be doubled. If the United States Su-
preme Court shall finally decree that we
cannot classify this publication as third
class matter, and so charge the publisher
and not the public treasury with the cost
OF handling in the mails, the people must
continue to be taxed in the same proper
ton, IN order to afford a nominal postage
rate for the distribution, to the railroad
ticket sellers and other persons who use
this guide, of what is nothing more nor
less than reference book. and part of
the essential equipment of their Offices like
the city directory. the dictionary etc
A Question of Authority.
THE matter in dispute in this case is not
only that of the legal rate Of postage
The whole question Of executive authority
is at issue in the right of the department
to classify the mail matter free from judi
cial interference in matters involving its
discretion. There is no effort to exclude
quently been alleged. The position of the
department is that 1T, like other reference
books, dictionaries city directories, tele-
phone directories, railroad directories, tele-
graph codes, etc, is third-class matter and
subject, when sent in the mails, to the
postage rate prescribed by law for mat
ter of that class, and that it is not lawful
to accord to it the favored rate which the
statute provides for newspapers and perl
Odical publications. = II
What is true of this railway guide is
true of the Monthly Railway List, the case
OF which is also pending in the Supreme
Court