The Birmingham age-herald., 1905-05-19
POSTOFF|CE MAKES
 POSITION CLEAR What Constitutes a NewSpa- per"by Asst POstm'r Madden REGARDING SUPPLEMENTS When Higher and Lower Class Mat ter Is Wrapped Together, the
 Higher Rate Must Be
 Paid.
REGARDING SUPPLEMENT IS

Washington, May 1S.-To make clear the position of the Postoffice Department to what shall constitute a newspaper as determined by the regulations pertaining to second class matter. Third Assistant Postmaster General Madden today issued instructions supplemental to those or April 10, last, intended as a response to further inquiries, and hypothetical ques- tions put to the department by newspaper publishers. MT Madden states that gen eral interpretation which will cover eV- cry case that may arise, cannot be given in advance, but for the benefit of post masters, and such publishers as are con- cerned the meaning and effect of the law are stated in general terms.
 After stating that under the law the enclosure of matter of a higher class with matter of lower class, subjects the whole to a higher rate, and that the new law applies as well.
 When an alleged supplement is not supplement but really matter of another class" and quoting the law relating to supplements, the instructions say:
 The instructions.
 "In all cases where application is made for information, postmasters may state that the above law, which will be admin istered after September 1, next, according to its present aim, Viz that supplement to be mailable with a newspaper or periodical at the second rates, must, as the word indicates, be in truth sup plement; as such it must be 'germane' to the publication; and 1t must be mater supplied in order to complete that to ,t.I. f- ,1l to ha IoVf1a an It must appear in point of fact that the publication itself is incomplete without its supplement: 1t must also appear in point of fact that the function of the supplement is subsidiary and not inde- pendent or complete in itself; in other words, that 1t requires both to make complete copy of that issue. By way of illustration; a newspaper having an ar- ticle in relation to the Philippine islands might properly have as a supplement a map of those islands; or, having an arr tlcle relating to a person or place. might have as a supplement a picture of that person or place; but a map of the Philip pines or a picture of a person or a place inclosed as a gift to the subscriber and not performing the real function of supplement is an extraneous thing and not mailable at second class rates.
 Must Work Together.
 "It is not sufficient for an alleged sup plement to be given a notice in the mail publication as a sort of hook upon which to hang something which is not a sup pement in fact, and which really has an important purpose and function. That is to say, merely colorable reference will not suffice; the connection must be real not fictitious. In every case it must ap- pear from the publication and supplement taken together that they form one in- tegral whole
 "If a publisher desires to give or sell to the purchasers of his publication some extraneous thing like a calendar. cut out picture, Autograph pamphlet etc., he is not prevented from doing so; but upon such things when sent in the mails, he must like every other citizen, pay the legal rate of postage. may not make his publication itself transmsisable at the second-class rates the vehicle for the dis tribution of things properly chargeable at higher rate to the detriment of the gov ernment revenues The postal laws must be properly administered. and it is ex- pected that good faith will be observed by publishers.
 Where there is doubt in any case as to the legality of an enclosure purport- ing to be supplement, postmasters are authorized to accept the publication in the enclosure and all under a deposit in money at the third or fourth-class rate Gas may be the lawful rate on tAe inclosure itself, if 1t were mailed alone) and submit the question to the department Should the decision be favorable to the publisher. the excess over the second-class rates will be refunded should it be unfavorabe the money on deposit will be converted into the postal revenue by the usual method of converting the amount into postage stamps. canceling and sending them to the department.
 'Postmasters must not regard these in- structions as to supplements as affecting the constituent parts of supplements of a publication issued in sections or parts. If ther be any abuse in this letter re- garding it it will be treated separately.