Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-02-24
so.cALLeo NEWSPAPER LAWS

so.cALLeo NEWSPAPER LAWS.
There are a certain class Of news
papers that seem to really believe that
there are laws enacted especially for
the protection of the publisher who
persists in sending copies of his paper
TO people who do not want it and have
not subscribed for it. 1t is just as we'll
that neither the public or the pub
Usher should be fooled in his matter.
The following from the Oficial Postal
Guide should be read and understood
by all:
Postofite Department,
Washington, D. c., March 8, 1895.
Sir: Your letter of the with in
closure reached me yesterday, and In
reply l have to say that the sO-called
avs referred to in the dispatch from
Washington are as follows:
1, Subscribers who do not give ex-
press notice to the contrary are con
sidered as wishing to their SUBJ
scriptiOns
2. II subscribers order the discOn-
tinuance of their periodicals, the pub
Usher may continue to send them until
all the arrearages have been paid.
3. If subscribers neglect or refuse
TO take their periodicals from the post
office to which they are directed, they
are responsible unit! they have settled
their bills and ordered them discOn-
tinued.
4. If subscribers move to other
places without informing the pub
Usher, and the papers are sent to the
former address they are held re-
sponsible.
5. The courts have decided that
refusing O take periodicals from the
office or removing and leaving them
nncalled for is prima facie evidence of
intentional fraud.
6. If subscribers pay in advance,
hey are bound to give notice at the
end of the time if they do not wish to
continue taking it; otherwise the
publisher is authorized to send it,
and the subscriber will be responsible
until express notice. with payment of
all arrearages is sen to the publisher.
Z. The latest postal laws are such
that newspaper publishers can arrest
any one for fraud who takes a paper
end refuses 10 pay for it. Under this
aw the mar who allows his subscrip-
ton to run along for ONE time un-
paid and then orders it discontinued.
or orders the postmaster to mark 1t
refused" and have a postal card s,
notifying the publisher. leaves himself
liable to arrest and fine. the same as
for theft.
There are no sue, laws as these en-
acted by congress or established By
the postmaster general. And it has
been held that when a publisher duns
a party for the price of his paper.
which is not due. accompanied by a
threat tn enforce such laws If his
demand is not met, he is guilty of an
attempt 20 obtain money under false
%pretenses. if he knows these so-called
laws have no existence as laws. The
only federal statute on this subject
is section 1885. revised codes. which
reads as follows:
"Postmasters shall notify the pub
Usher of any newspaper. or other peri
odical. when n subscriber shall re.
fuse to take the same from the Office.
Or neglect to call for it for the period
of one month"
The existing regulations prescribed
by the postmaster general to carry
into effect this law are found in sec.
lions $50 and 55S p l.. and R., 1898
now Sections 679 and $50, P. l.. and
r.. 1902 as follows.
Section 557 (679). Notice will be
given when q newspaper or periodical
is unc'lled for, or refused, or when the
subscriber changes his address without
notifying the publisher or ordering hi
mail forwarded (see Sec. 627. P. L
and r.. 1903.) If the first notification
be disregarded a second may be sent
calling attention also to the fact O
previous notice. (The notice is to b.
given to publishers in Canada, Cub
and Mexico as well as this country.
2. ~Pogtmasters should make a rex
ord. for their own protection, when
publisher Is notified of the non-deliver
Of his paper to 3 subscriber. Thi
record should show the name of tn
publication. city or town in which
it published. name Of the subscribe
and the date when the notice was sen
Section 55S (6S0). After a publish<
has been notified. as required In til
previous section, that copies of h
publication are either refused or r
main uncalled for. such matter will |
held for thirty days. after which II
zane. and all copies subsequently q
irving. should be placed with the was
paper.
These regulations have been in for
at least since 1887 and probably mu'
longer.
II Is not necessary for me to poi
out the difference between the abo,
quoted statute Of the United Stat
and the regulations Of the postmast
general and the so-called newspap
laws. for the difference IL apparent