The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1912-04-30

/
NATIONAL TELEPHONE COMPANY
"A LOCAL COMPANY, PASSED
UPON FAvoRABLY BY DEPART
MENT
Copy Of RuIins 81, Page 81, July 1911
Postal Guide.
In view of complaints received by
the Department respecting the use OF
postal cards importuning the payment
OF debts: the attention of all postmas,
tiers and, others is called to the provi'
slons 81, Sec. 4OS, P. L. & R. 1902, as
amended tsec. 2l2 Criminal Code,
March 4, 1900;
All matter otherwise mallable by
law, upon the envelope or outside Gov
er oEEFapper OF which or any postal
cardSapen which, any delineatIons,
epithets, terms, or language of an in
decent, lewd, lasciYious, obscene, Il.
bslgus, scurrilous, defamatory, or
thfsa liig character, or calculated
by lie tehfas of manner or style of dis
play and obviously intended to reflect
iujuri61sig upon the character or con:
duct 81 Another, may be written or
printed or otherwise impressed or ap;
parent, are hereby declared non'mail'
able matter. and shall not be conveyed
in the mails nor delivered from any
postofflce nor by any letter carrier
and shall be withdrawn from the
mails under such regulations as the
Postmaster General shall prescribe
Whoever shall knowingly deposit or
cause to be deposited, for mailing or
delivery. anything declared by this
section to be non.mailable matter, or
shall knowingly take the same or
cause the same to be taken from the
mails for the purpose of circulating OF.
disposing of or aiding in the clrcula.
ton or disposition of the same, shall
be fined not more than five thousand
dollars, or imprisoned nor more than
ave years, or both. "
The Department has ruled that the
clause of this section prohibiting de-.
llneations, epithets, terms, or Ian
guage calculated by the terms
or manner or style OF display and OBJ
yiously intended to reflect injurious
" upon the character or conduct OF
another. covers and makes unavailable
cards by which 1t appears that the ad-
dressee is being dunned for an account
that is past due. This does not in
clude cards that bear respectful re-
urests for the settlement of current
accounts, or that give notice when an
account, paper, taxes, assessment, gas
bills. ETC., will be due, and such cards
are regarded as mailable. The provi.
sIcns of, this section against matter
of a Threatening character" is held
by the Department to cover and make
unmailable cards that threaten the
bringing OF suits or legal proceedings
II debts, accounts, etc, are not paid
This does not include cards that bear
notices of assessments OF fratemai
and other societies which contain a
respectful reference to the rules OF
such order or society that failure to
nav such assessment will cause the
member to be suspended or that his
certificate will become void, II the as
sessment referred to does not appear
10 be past due.
Posmasters are expected to exer,
else vigilance in the enforcement OF
this regulation. II. there is doubt as
10 whethera card should be excluded
It, should be forwarded TO the Assist
ant Attorney General for the Post
office Department fox a decision. 1t
should be carefully noted that this
regulation has no reference to matter
that is under cover,
THE RULING ON NATIONAL
TELEPHONE A CARD.
Postoffice Department.
Office of the Assistant Attorney General
Washington
April 26, 1912
Postmaster,
Falrmont, West Va.
SIR
In answer to your communication oil
the oath instant you are advised that
The Department does not regard as I'M
mailable the cards of the National Tel
ephone Company, similar to the card
submitted when they do not bear any
statement showing the addressee 10
be In arrears, or delinquent.
Please call the attention OF the COM
pany to the enclosed circular, which
is a copy of ruling 67, page 81, July
1911, Postal Gnide.
Respectfully,
n. P. GOODWIN,
Assistant Attorney General.