Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-27
AN OPINION.
Atty. Gen. Wickersham
Gives to Hitchcock
Version OF New Federal Law
Concerning Newspapers.
Upholds Postmaster Generals Con-
structionson!s scriptlons.

Generai Wickersham, today sent to
Postmaster General Hitchcock a writ
ten opinion on certain phases of the
new federal law. requiring daily and
weekly newspapers and some other
publications to present to the postmas-
ter general semi annual sworn state
ments of circulation, ownership of
their stocks and bonds and other in
formation under penalty OF denial of
the use of the mails
The attorney. general uphofds the
postmaster generals construction
that it is immateriaI whether sub
scriptions are individual or in bulk,
and that the provision of the law COW
ers the number of copies of a publi-
cation distributed to certain paid
subscribers by any means
We shall administer tho law justly
and impartially as we find it." said
MIR. Hitchcock, today. The opinion
of the attorney general npholds the
construction placed upon the law by
officers of the postoffiee department
We have no alternatives; we must en-
force it.
To-day. We are beginning to mail to
10000 editors. publishers and others
interested. forms to be filled out in
compliance with the law. These will
reach their destination, by Oct. 1.
When the law becomes effective I'm
der the act they must be filed out end
returned as soon as practicable. In
the event of failure 70 comply with
the provisions of the law publishers
may be liable to the penalty provided
by the Congress"
Attorney General Wickersham's
opinion refers first to the provision
requiring sworn statement of SUBJ
seriptions as follows.
THE provision is highly penal in its
nature, as consequence of failure
to comply with it is punished by de-
NAL to the publication the privilege of
the mails; not merely the privilege of
being carried in the mails as second
class mail matter, but the privilege
OF being carried In tile mails as sec
ord class mail matter, but, the priv
ilege OF being carried In the mails
at all. Being. therefore. In deroga-
ton of common right, the provisions
should not be construed TO embrace
anything more than falls clearly
within its terms and by those terms
the requirements of the statement are
limited to The average of the number
OF copies of each issue of such pub
LEGATION sold or distributed to paid
subscribers. during the preceding six
months"
Then Mr.. Wickersham goes on to
an extended discussion of the defini-
ton of the verb ito subscribe" and
holds that a Subscription to the cap
ital stock of corporation implies an
agreement to take and pay for it."
But If the steps taken, although in
formal. are treated by the corporation
and the subscriber as sufficient, they
will be treated as binding
The distinction between circuIa-
ton among paid subscribers has been
recognized by the post office depart
ment in its regulations where, after
pointing out that the news agents
right al mail second class publications
at the pound rate of postage, under
the provisions of the act of March 8.
1885, Chapter 342, extends only to ac-
tual subscribers thereto and to other
newsagents for sale, the regulations
state that Actual subscribers to sec
ond class publications are persons
who personally order the same for I.
period of at least three consecutive
issues, +"
Subscribers therefore, are clearly
those, who have by agreement under
taken to receive and pay for the pub
iication for some specified period OF
time. as distinguished from casual
purchasers, who come under no obli-
cation to take and pay for the pub
LEGATION in advance of its delivery. 1t
is iinmaterial whether this subscrip-
yi.x,, is, fs.,,
scriptions may be direct or through
an agent; but the delivery to agents
for sale or distribution, unaccompanied
by agreement to pay for any definite
number, would not be included within
the term Subscribers
With respect to publications seek
ing the privilege of the second class
mail rate. as shown below, the post
master general is required to deter
mine certain matters of fact upon
which depends the enjoyment of that
privilege, among which is the ques-
ton whether or not there is A legit-
mate list of subscribers to the publ
cation. tSse 20, p. 3S4). But the
clause in the act of 1912. under con-
sideration. devolves no such duty upon
you. 1t makes it the duty of the ed
itor. publisher. business manager or
owner to file sworn statement con-
tanning among other things the mat
tiers above specified on blanks furnish
ed by the post office department..
These blanks should call for the
Information required by the statute
no more. no less. II the statement
is not filed as required by law. or IL
the information required is not what