The Montgomery advertiser., 1905-05-19
WHAT IS A NEwsPAPERs
Third Assistant Postmaster Genera
 Issues Instructions.

ABBueS AnbtFucthOnbs
 Washington, May 1S.-To make clear the position of the Postofice Depart ment as to what shall constitute a newspaper as determined by the regu- lations pertaining to second class mat ter, Third Assistant Postmaster Gen eral Madden today issued instructions supplemental to those of April 10, last, intended as a response to further in- Quiries and hypothetical questions put to the department by newspaper pub fishers. MT. Madden states that a general interpretation which will cover every case that may arise cannot be given in advance, but for the benefit of postmasters and such publishers as are concerned, 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 a lower class subjects the whole to a higher rate and that the new law applies as well when an alleged supplement Is not a supplement, but really matter of another class" and quoting the law relating to supple ments, the instructions say:
 In all cases where application is made for information postmasters may state that the above law, which will be administered after September l next according to It's plain intent, provides that a supplement to be mailable with a newspaper or periodical at the second rates must. as the word indicates, be in truth O supplement- as such 1t must be germane' to the publication and 1t must be matter supplied in order to complete that to which 1t Is alleged to be supplement. 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 She supplement is subsidiary and not independent or com plete in itself; in other words, that 1t requires both to make a complete copy of that issue.
 By the way of illustration: A news paper having an article in relation to
 the Philippine islands might properly have as a supplement a map of those islands, or, having an article relating to a person or place, might have as a supplement a picture of that person or place; but a map of the Philippines or a picture of a person or a place, in- closed as a gift to the subscriber and
 not performing the real function of 6 supplement, is an extraneous thing and not mailable at second class rates. It is not sufficient for an alleged sup plement to be given a notice in the
 main publication as a sort of hook upon which to hang something which is not supplement in fact and which really has an important purpose and function. That Is to say, a merely col
 orable reference will not suffice; the connection must be real, not fictitious In every case it must appear from the l publication and supplement taken to- gether that they form one integral | whole.
 If a publisher desires to give or sell 1 to the purchasers of his publication | some extraneous thing, like a calen- dar, cut out picture, Autograph, ramph- | let, etc, he Is not prevented from ooine | so; but upon such things when sent in | the mails he must, like every other cit
 lzen pay the legal rate of postage. He
 may not make his publication, itself l transmissible at the second class rates | the vehicle for the distribution of | things properly chargeable at high | CT rate to the detriment of the govern ment revenue. The postal laws mus | be properly administered and 1t Is ex' l 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 ar' | authorized to accept the publication | inciosure and all under a deposit 1T as may be the lawful rate on the In closure itself if 1t were mailed alone | and submit the question to the De partment. Should the decision be fa vorabIe to the publisher the cxcesi over the second class rates will be re funded; should it be Vnfavorable t