The Birmingham age-herald., 1912-09-27
Immaterial Whether Sub- scriptions Are Individual
 or in Bulk
METHOD OF DELIVERY
 OF NO CONSEQUENCE
Upon Failure to Comply With Law Editors Must Be Notified Before Their Mailing Privilege
 Is Withdrawn


 Washington. September 26.-Attorney General Wiekersham today sent to Posi- master General Hitchcock written opin ion on certain phases of the new federal law requiring daily and weekly newspa- pers and some other publications to pre- sent to the Postmaster General seml-an- nual sworn statesments of circulation ownership of their stocks and bonds and other Information under penalty of denial of the use of the mails.
 The Attorney General upholds the Post master Generals construction that it K immaterial whether subscriptions are in digidual or in bulk and that the pro vision of the law covers the number of | copies of a publication distributed to eer- | tain paid subscribers by any means. He does not touch upon the constitutionality of tho law which is part of the postoffice appropriation bill enacted at the last ses sion of Congress
 ! Mir Hitchcock Inquired whether the law shall be limited to paid individual subscriptions or shall include purchase in bulk by news agents or others for reds-
  the provision covers paid circulation of daily newspapers nof distributed through the mails"
 Individual or Bulk Immaterial
 Attorney General wiekersham replied categorically and definitely to these in- duiries, holding that:
 IT, It is immaterial whether or not tho subscriptions are individual or in bulk The statement should include the average of the number of copies of each issue of such publication sold or distributed to all persons who have suhseribed--that is. have agreed to and pay for one or more copies of the publication for definite period of time and have paid for such subscriptions, and
 ''2 In my opinion the provision covers the number Of copies of such publication distributed 10 such paid subscribers by any leeans. wlrefde ty the mails or other I Wise"
 | We shall administer the law justly and impartially as we find it. said Mr. Hitchcock today "The opinion by the Attorney General uphods the eonstruc- ton placed upon the law by officers of tine postoffice department We have no al ternative; we must enforce Il. To-day we are beginning To mail 10000 editors. publishers and others interested. forms to be filled out in compliance with the law. These will reach their destina- tions by October 1, when the law becomes effective. Under the act they must ba filled out and returned as soon as practi- cable. In the event of failure to comply with the provisions of the law publishers may he liable to the penalty provided by Congress-
 Wickersham Reviews Law
 Attorney General Wiekersham's opinion starst out with q review of the law itself and the questions raised by the Postmas- ter General He refers first to the pro- vision requiring n sworn statement of sub scriptions and writes as follows:
 "The provision Is highly penal in it's nature as consequence of fail nre to comply with 1t is punished by denying to the publication the priv lege of the mails. not merely the priv ilege of being carried in the mails second class mall matter but the priv ilege of being carried in the mails at all Being therefore, in deregation of common right the provision should not be construed to embrace anything more than falls clearly within it's terms and by those terms the requirements Of the statement are limited to the aver age of the number of copies of each issue of such publication sold or dis | tributed to paid subscribers during tho preceding six months"
 | Then Mr Wlckersham goes on to an extended discussion of the definition ] of the verb "to subscribe" and hold ing that it has q definite meaning in 1 both 8 legal and a popular sense. quotes extensively upon lis definitions from the Century dictionary and eyelo- pedia, the Standard dictionary and q decision In the case of Ashton vs. n ed T4F D s04, in which il was held that to become a subscriber to newspaper includes some voluntary act on the part | of the subscriber, or something which is in effect an assent by him to the use of his name as a subscriber"
 Thus" holds the Attorney General. "a subscription to the capital stock of corporation implies an agreement to 1 take and pay for il. But if the steps taken, although informal, are treated by the corporation and the subscriber as sufficient they will be treated as binding tcressy ys. Cook, 67 Kansas, 20, 23; Nugent ys supervisors, 19 Wall. 2f1)
 Circulation Is Defined
 "The distinction between circulation among paid subscribers and the casual or uncertain distribution to other pur- | chasers has been recognized by the postonice department in It's regulations l (edttion Of l904 sec. ibJ1. Where, dftef pointing out that the news agents | right to mail second class publications at the pound rate of postage under the provisions of the act of March 2, I1g85. chapter 342, extends only to ac- | tual subscribers thereto and to other news agents for sale, the regulations state that actual subscribers to sec ond class publications are persons who personally order the same for a pe- riod of at least three consecutive is- sues
 "subscribers therefore are clearly those who have by agreement under taken 10 receive and pay for the pub- iIication for some specified period of time as distinguished from casual pur- chasers who come under no obligation 10 take and pay for the publication in advance of it's delivery. 1t Is innma terial whether this subscription Is for one or many copies. Subscriptions may be direct or through an agent; but the T delivery to agents for sale or distri- T bution unaceompanied by agreement to nav for any definite number would not be included within tbe term sub scribers.'
 With respect to- publications seeking the privilege of the second class mall rate as shown below. the Postmaster General
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