New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-12
PUBLISHERS LOSE CASE.
POSTAL REFORM WINS.
Books Published Periodically Not
Entitled to Second Class MaI Rates.

Washing ION. April 1.-THE United states Supreme
Court To-Day decided that books published periodi-
caIlv are not entitled transmission through the
mails as second class matter. The opinion was de-
ivered By Justice Brown. and. covered three cases
against the Postmaster General. instituted re-
spectively by HoUghton. Mifin K Co, Smith and
others. and Bates & Gill The Chief Justice and
Justice Harlan dsserted.
The question decided has been the subject Of a
long controversy between the POstofce Department
and the publishers. both before Congress and IN
the department. For sixteen years. and under
eleven Postmasters General. these publications were
carried as second class matter although under pro
/ test from the department. which made many eI-
forts to have the law modified repealed, but
without success. Failing in this, the Postmaster
General In issued order excluding the books
from the second class rata The case was taken tc
the courts, and the Postmaster General Is sus-
tained by the final decision rendered to-day
Speaking OF the Houghton- Mifflin & Co. case.
Justice Brown said it involved the publication OF
the Riverside series, and after calling attention to
the fact that the publishers had compiled witE the
law governing the transmission of second class
matter in all technical respects. such as the re-
Qurement for periodical publication. having sub
scribers ETC. he defined what constitutes per1odi'
cal under the law. Admitting the difficulty or
reaching a satisfactory conclusion. ne said that
such publication should be distinguished from
the Riverside books by diversity Of authorship
lie ADDED
A periodical. "a ordinarily understood. is a pub
AeatOn appearing at stated intervals sach hEI-De
OF which a variety OF original articles by
different authors devoted either TO general Atera-
special class OF subjects. Ordinarily each number
is incomplete in itself anc indicates re!atlon
with prior or subsequent numbers OF the same
The reason why books Of the Riverside literature
issued periodically Is too palpable 10 re-
Qul-a comment explanation. Il IS suTiclent 70
ca5ion is s- Issued at stated intervals under col
lectVe name does not necessarily MAKE II peri
issued in consecutive numbers. no one would I'M
asine FOR a moment that these publications were
periodicals, and not BOOKS
The case Of Osmond G. Smith held to be
similar 70 that OF Houghton, Mifflin 81 Co. There
was difference in the Bates 81 GIL case, in which
they undertook 10 publish periodically work
called Masters IN Music" each issue being de-
voted 10 an individual musician. The court, how
ever, held that It also came within the inhibition
The Chec Justice and Justice Harlan united in a
dissenting opinion. which was delivered by Justice
Harlan. IN which the OF the POstOttice De-
partulent II changing IT'S own system after sixteen
years referred to assumption OF legis-
Iative authority. Justice Harlan said that the de-
partments order after Congress. after deliberate
hearing had refused to change the language OF the
law. was MODE OF amending and making laws
which ought not TO be encouraged or approved"
The reform OF the second class rates which re-
suited in to-Gays decision instituted By Third
Assistant Postmaster General Madden. who took
the position now sustained by the Supreme Court.
that these Libraries and serials were not lawfully
entitled TO favored rates Mr.. Madden said to-day
The decision Of the court in these cases is highly
gratifying 10 the department Notwithstanding ina
criticisms dge a Misunderstanding OF the de-
partmeuu's attitude this subject. II now must
Be recognized that its sole object has been 20 adj
minister the law Il stood upon the statute books
The chief obstacle which We had 70 encounter was
the former lax Administration OF the law whereby
these and similar publications admitted %
the second class. but the court practically decides
that the statute IS not ambiguous, and that the
former application q II was clearly erroneous
What have done has been simply 70 return Co
It's plain meaning. and % apply that meaning 10
u the facts might appear The United
81 NJss Supreme Court has set the seal OF It's np-
prOYal upon the contention Of the department that
the second class rates plainly designed tHr
newspapers and other periodical publications IN
tie ordinary and generally accepted meaning o.
those terms and not FOR books. serial libraries and
other makesAltrs disguised as newspapers and
periodicals