Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-12-31
Walker Bars Esquire
From 2d-CIass Mails;
Goes Against Board
BY the Associated Press.

By the Associated Press.
Postmaster General Walker
has ruled that Esquire Maya
zine, with it's curvaceous "Varga
Girl" and sundry breezy car
toons and articles, is neither OF
the arts, news nor science, and
for that reason it should be
barred from the second-class
mails.
1t apparently was Mr.. Walkers
own personal decision which was
announced yesterday. The majority
opinion of three-man Post Office
Trial Board. after a tWo-to-one vote
had held that proceedings against
the magazine should be dismissed
Their decision followed hearings on
whether the magazine was obscene.
Esquires publisher, David Smart
at first said the decision left him
speeches." but he remained SC
only shortly, asserting:
The Postmaster General has gone
against his own boards decision and
that is unbelievable.
Will Act at Once.
| action will be commenced imme-
diately in the appropriate court in
the District of Columbia to enjoin
him from carrying out his threat
ened revocation on the ground that
his decision is completely arbitrary
and capriciouS and against the
weight of the evidence introduced
before the hearing board as well as
the recommendation of his own duly
constituted board
Mr.. Smart said the ruling would
not interrupt the mailing of the
magazine, as the order is not eff
fectlve for go days land in the mean
time it will be adjudicated in court
Mr.. Walker said that a magazine
or other periodical, in order to be
eligible for second class mailing
privileges, must be originated and
published for the dissemination OF
information of a public character, OF
be devoted to literature, the sciences
arts or to some special industry"
Single Issue Involved.
Mr.. Walker, who made his order
effective February %, 1914, to give
Esquire time to enter an appeal
in what he termed "a matter in
which the publication, the Post
Office Department and the general
public have a direct and substan-
fio1 inf - ctrncCnI ny>1t, n
issue was involved-the use of the
second class mails.
Consequently" he observed, there
is not involved the question of non
AVAILABILITY as first, third or fourth
class mail matter nor the right of
freedom of speech. nor of freedom
Of the press. Nor are We here con-
cerned with the question of whether
criminal prosecution against the
publishers might or might not be
sustained by the same or similar
| evidence"
During the long hearings, the
Post Office Department attorneys
sought to show that the magazine
was not only obscene but lewd and
lasciViouS. In turn the publication
marshalled long list of witnesses
Including Henry L. Mencken, who
defended the use of such words as
''backSide" and "bawdy house; and
neuropsychologist who called the
/ lightly clad Varga girls good clean
pictures, tribute to American
womanhood."
Walker Quotes Law.
Describing the language Of the
second class mailing act as 'plair
and specific" Mr.. Walker said:
/ Whatever the featured and dom.
inant pictures, prose and verse O.
this publication may be they are no
information of a public character
or literature, the sciences, arts OF
some special industry contributing
to the public welfare and the public
good to the extent that this publica
ton should be relieved of paymen
OF more than 100000 in postage PEI
annum."
This is the amount Esquire at.
torneys estimated it would cost the
magazine if it lost It's second class
mailing privileges, necessitating its
mailing under higher fourth-clas,
rates.
Two members of the Trial Board
Walter Myers, fourth assistant Post
master General, and Frank H. Ellis
chief clerk, recommended against
revocation. while Tom Cargill
Deputy First Assistant Postmaster
General, voted for revocation.
Appeal Forecast Earlier.
During the hearings. Bruce Brom-
ley, attorney for Esquire, apparently
anticipating Mr.. Walkers decision
said the case very probably" WoulC
reach the Supreme Court.
In his decision, Mr.. Walker sale
writings and pictures may be in
decent, vulgar, risque, and still not
be obscene in technical sense"
When such writings or pictures
occur IN isolated instances then
dangerous tendencies and malignant
qualities may be considered of less
importance" he continued.
when, however, they become 9
dominant and systematic feature
they most certainly cannot be sale
to be for the public good, and g
publication which uses them in that
manner is not making the 'specia
contribution to the public welfare
which Congress intended.
Has Positive Duty"
"A publication to enjoy these
unique mail privileges and specia
preferences is bound to do more thar
refrain from disseminating materia
which is obscene Or bordering or
the obscene 1t is under a positive
duty to contribute to the public gooc