Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-27

"The act Of Aug "a, 1912, extends the
benefits of the second class mail rate
to certain publications to which it has
not heretofore been granted. But the
provisions of that paragraph which
are founo under the head of "Ofice of
the third assistant postmaster gener-
ar dc not otherwise conflict with the
provisions of the act of March s. 1879,
or the amendment to it approved
March 3, 1885, (Chapter 342) except
that with respect to some of the pub
lcations issued by or under the
auspices of benevolent or fraternal
societies or orders, or trades unions,
or by strictly professional literary,
second class mail matter. they are
historical or scientific societies, as
as second class mail matter, they are
limited:
ITO copies mailed to such members
as pay therefor, either as part of
their dues or assessments, or other
WISE not less than so per centum of
TIE regular subscription price; to
other bona fde subscribers; to ex-
changes, and 10 per centum of such
circulation as sample copies; provided
further, that when such subscribers
pay therefor as a part of their dues
or assessments. individual subscrip
tions or receipts shall not be requir
ed
Independently of this amending act
in order that the postmaster general
may determine whether or not Il pub
LEGATION applying to be admitted to
the second class has a legitimate list
of subscribers and is not designed pri-
marily for advertising purposes, or
free circulation, or for circulating at
nominal rates. the postmaster general
is entitled to require full and com
plete statements showing the char
acter of the business of the publica-
ton and by Section 436 of the regu-
lations edition of 1902 he has re-
quircd postmasters to secure salts
factory evidence that publications so
offered for entry have "A legitimate
list of subscribers approXimating 30
per cent. of the number of copies reg
ularlv issued and circulated, by mail
or otherwise, made up of not per-
sons whose names are furnished by
advertisers or by others interested in
the circulation of the publication, but
of those who voluntarily seek ii and
pay for, it with their own money. al
though this rule is not intended to
interfere with any genuine case where
one person sdbscribes for a definite
period of several issues for a limited
number of copies for another
And by Section 34S the postmasters
are directed To require the proprietor
on duly authorized representative, on
applying for second class mail priv
ilege. to furnish detailed information
of a character deemed requisite by
the postmaster general to enable him
to determine whether or not the pub
LEGATION falls within the requirements
of the acts Of Congress. The right of
the postmaster general TO exact this
information is in no respect impaired
or affected by the provisions of the
statute under consideration.
Those provisions rre inserted as a
part of the Act of 1912, which is ap-
parently designed to insure publicity
as to the ownership ana control of
the publication. This particular clause
was inserted by amendment just be-
fore the passage of the act, and bears
no very ascertainable relation TO the
subject matter of the paragraph in
which it was inserted. 1t is a provis
ion of the statute law which should
be complied with to the extent which
it's language requires, but it should
not be extended beyond that language
(See Payne vs. Railway Pub. Co, 20
App c. ISL; People Eek. Rel. OpdySe
VS.. Brennan, 80 Barbour 65D.i