New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-27
Legitimate Subscription Lists.

Legitimate Subscription Lists
The Attorney General then quotes the
act Of 1897 which stpulates the cohdl,ohS
on which newspapers and other Pupli'a
lions we're to be entitled to second cias'
mailing privileges and specifically de-
clares that its terms should apply o''i'
TO those having legitimate lists OF sun
scribers and not to any designed primarily
for advertising free circulation or circ"-
lation at nominal rates. He continues
The act Of August -, 1912, extends tne
benefits OF the second class man la'o ~
certain publications 10 wmch IL mas NO.
heretofore been granted. But inc pr
visions OF that paragraph. Wmch a.
found under the mead OF OlnCt u a.,
Third Assistant Postmaster fchtTdI' w
not otherwise conflict with the PROVISIONS
of the act of March B. 1879. or the amend
ment to II approved March 3. 1899 (ChaP-
ter 1922, except that with respect 10 soil,
Of the publications issued ny OF uiluoi
the auspices OF benevolent or irateIIi o.,
societies or orders or trades unions "
by strictly professional, literary, histpr
zeal or scientific societies as secolu
class mail matter, they are llmlteu "
copies mailed 10 such members as Pds
therefor, either as part OF theH uuoo
or assessments or otherwise, not less lna i
q
ZION price: 20 other bona nde suDscrlpeIs :
10 exchanges. and ~ per Cenlum OF suci
circulation as sample copltS' IIoNlut"
iurthoT, that when such SuDSCnbcTS Pd'
therefor a. a part Of thClr dues OF a.
eessmcntS individual SUBSCRIPTIONS or IV-
Ceipts shah not be required g.
INDEPENDENTLY of tins amending act III
order that the Postmaster GcneraI ma!
determine whether or not pubH'dl''u
applying 10 be admitted 10 the second
Loot ms to - a
and is not designed primarily FOR adNrr-
tislng purposes or free circulation OF lv'
circulation at nominal rates, the tOSt
master General is entitled To require Kun
and complete statements showing the
character Of the business OF the puinca-
tion. ana by Section l56 Of the regulations
edition Of 1902 he has required post
masters 10 secure satisfactory eNldenc"
that publications 50 offered Tor entry
have "a legitimate list OF subscribers ap-
prONimating 80 per cent Of the number OF
copies regularly issued and circulated. by
mai or Otherwise. made up. not OF per
sons whose names are furnished by ad-
VeriiserS or by others interested IN INC
circulation OF the publication, but ot
those who voluntarily seek IL and pay TOT
II with their own money. although this
rule is not intended 10 interfere with any
genuine case where one person SubSCrlbeS
for definite period Of several issues for
limited number of copies for another.
directed to require the proprietor or duly
authorized representative. on applying
for second class mail privilege, to fur
Uieh detailed Information of a character
deemed requisite 10y the Postmaster Cen
eral TO enable him to determine whether
or not the publication falls within the re-
Cuirements OF the acts Of Congress. The
right o. the Postmaster General to exact
this information Is In no respect impaired
or affected by the provisions Of the stat
ute under consideration.
Those provisions are inserted a. a part
Of the act Of 1912. which is apparently
designed 10 insure publicity as 10 the
ownership and control of the publication
This particular clause was Inserted by
amendment just before the passage OF
the act. and bears no very ascertanab!e
relation TO the subject matter OF the para
graph in which II was inserted. II is a
provision Of the statute law which should
be complied with TO the extent which l's
language requires. but IL should not b"
extended beyond that language. 'see
Payne VS.. Railway Pub. Co., 20 app. .
G. ST. People ex rel ODdyke We. Brennan
o Barbour. bJl)