The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-09-27
sent by him to the use Of his name q

sent by him to the use Of his name -
Thus" holds the Attorney General.
"a subscription to the capital stock o. o.
take and pay for il. But il the steps
taken. although informal. are treated
by the corporation and the subscriber
as sufficient. they will be treated as
20. %; Nugent vs.. Supervisors. - Wall,
"The distinction between circulation
among paid subscribers and the casual
chasers has been recognized by the
Post-Omee Department In Its regula-
tions Edition Of 1907, Sec. 46s), whore,
after pointing out that the news
agents right to mail second-class pub
under the provisions Of the act Of
March 3, 1888, Chapter 342. extends only
to actual subscribers thereto and 10
other news agents for sale, the regu-
lations state that: Actual subscribers
to second-class publ cations are per-
sons who personally order the same !or
a period Of at least three CONSECUTIVE
issues
those who have by agreement undef-
taken to receive and pay for the pun
LEGATION for some specified period OF
time, as distinguished from casual pur-
chasers who ONE under no oolig auoh
to take and pay for the publication IN
advance Of its delivery. 1t 10 imma-
teriaI whether this subscription Is FOR
one or many copies. Subscriptions may
be direct. or through an agent; put
distribution. unaccompanied by agree
ment to pay for any definite number.
would not be included within the term
subscribers
ing the privilege Of the second-clas
mail rate, as shown below, the Post
master-Geperal is requi- ed to deter
mine certain matters OF iact opon
which depends the enjoyment OF tnat
whether or not there is a legitimate
list Of subscribers to the publication.
(Sec. 90, op. 3s4. But the clause In
the act of 1912 under consideration
devolves no such duty upon you 1t
Usher, business manager or owner 70
file a sworn statement contaaninS.
among other things, the natter: ABOVE
specified on blanks furnished oy INC
These blanks should call for the IN
formation required by the statute-no
more. no less. II the statement IS not
filed as required by law. or II the IN
formation required - not wa IN
statute demands. the publication may
be denied the privilege of the mail. II
IN fails 10 comply with the provisions
Of the law within ten days 1ter not.ee
by registered letter OF sucn iaLure.
While the statute does not expressly
make IL the duty of the PostmasteI
General to give such notice. yet I thinK
IL NAV be fairly implied from IT'S pro-
visions that IL would becoEe mis- duty
70 give the notice In all cases wnefe
IN the editor, etc. Of any puslica.ioh
Of WHOSE existence the Postmaster
General has knowledge shall fail TO ME
IN. statement required by law: or q,
the statement on its face shall not
conform to the statutes: or 90 fnfof-
nation shall he laid before the POST
n,sster-Ceneral which SATISFIES him
that the information furnished in the
statement is inaccurate or untrue IN
either event II the privileges OF tne
mail should t. deIied bS,ause OF ran
ure 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 b. confused
with those Of the statutes relating 10
second -clasa mail matter and they IN
TO respect limit or affect the power
of the Postmsste.-General 10 REQUIRE
full information To be FURNISHED 10
MIN to enable him 20 determine wneth-
err or not a given publication Is en-
titled TO the privileges Of the second
class mail rate.