The Birmingham age-herald., 1912-09-27
SENDS
 HITCHCOCK OPINION
 ON PUBLICITY LAW
tContinued From Page One)


 ----~-~---~-~~~-~---~~ is required to determine certain matters of fact upon which depends the enjoy ment of that privilege, among which is the question whether or not there is "a legitimate list of subscribers to the pub ication. (See 20-op. 38D. But the clause in the act of 1912, unoer consideration, devolves no such duty upon you. It makes it the duty of the editor, publisher business manager or owner to file a sworn statement containing among other things the matters above specified on blanks furnished by the postoffice department.
 Editors Should Be Warned
 ''The blanks should call for the infor- nation required by the statute-no more. no less. If the statement is not filed as required by law or if the information given Is not what the statute demands, the publication may be denied the privi- lege of the mail if it fails to comply with the provisions of the law within 10 days after notice by registered let ter of such failure. While the statute does not expressly make it the duty of the Postmaster General to give such mo- tlce, yet, I think it may be fairly im- piled from it's provisions that 1t would become his duty to give the notice in all cases where D. The editor, etc. of any publication of whose existence the Post master General has knowledge shah fail to file the statement required by law; or @ The statement on It's face shall not conform to the statute; or (3) Information shall be laid before the Postmaster Gen eral which satisfies him that the infor- nation furnished in the statement is in accurate or untrue. In either event, if the privileges of the mail should be de- nied because of failure to comply with the statute, the burden would be on the government to establish such failure.
 ''The provisions of the statute under consideration should not be confused with those of the statutes relating to second class mail matter and they in no re- speet limit or affect the power of the Postmaster General to require full infor- nation to be furnished to him to enable him to determine whether or not a given publication is entitled to the privilege of the second class mail rate.'
 The Attorney General then quotes the act of 1897, which stipulates the condi- tions upon which newspapers and other publications were to be entitled to sec ond class mailing privileges and specifi- caly stipulated that It's terms should apply only to those having legitimate lists of subscribers and should not apply to any designed primarily for advertising or free circulation at nominal rates. The Attorney General then continues:
 Second Class Is Extended
 "The act of August "A, 1912 extends the benefits of the second class natl rate to certain publications to which 1t has not heretofore been granted. But the pro visions of that paragraph, which are found under the head of Office of the Third Assistant Postmaster General do not otherwise conflict with the provisions of the act of March 8, 1879, or tho amend ment to it approved March 8, 1885 (chap. 342), except that with respect to some of the publications issued by or under the auspices of the benevolent or frater nal societies or orders, or trades unions, or by strictly professional, literary. his torical or scientific societies as second class mail matter, they are limited to copies mailed to such members as pay therefor, either as part of their dues or assessments or otherwise. not less than 50 per centum of the regular sub scription price; to other bona fide sub scribers; to exchanges and 10 per centum of such circulation as sample copies: provided, further. that when such sub scribers pay therefor as part of their dues or assessments, individual subscrip- tions or receipts shall not be required
 Independently of this amending act. in order that the Postmaster General may determine whether or not a publication applying to be admitted to the second class has a legitimate list of subscribers and is not designed primarily for advertising purposes or free circulation, or for circn- lation at nominal rates, the Postmaster General is entitled to require full and complete statements showing the charac- ter of the business of the publications and by section 436 of the regulations (edition of 1902. he has required postmasters to secure satisfactory evidence that publica- tions so offered for entry have a legiti- mate list of subscribers approximating 90 per cent of the number of copies regularly issued and circulated. by mail or other wise made up not of persons whose names are furnished by advertisers or by others interested in the circulation of the publication, but of those who voluntarily seek it and pay for it with their own money. although this rule is not intended to Interfere with any genuine case where one person subscribes for a definite