Detroit evening times. (Detroit, Mich) 1921-1958, 1944-02-12
A public statement
Of the pertinent foefs
i'm the case Of
POSTMASTER GENERAL

On December 30, 1913. an order
reNoking Esquire second-class mail
ing privileges Mas issued by the Post.
master General of the United States,
posing for the courts the final inter-
probation of the intent of Congress
i'm the second-class mailing statute of
1879; the order says in part;
81 do not believe that statute which
so vitality, directly, and continually at
fects so many should remain longer in
the realm of doubt or he subject 10 the
vagaries Of whatever Postmaster Gen.
crai may then be administering them,
"\or should (the Postmaster Cen.
eral he reluctant to determine the
matter in such a way that all phases
of il may be fully considered and de.
cIdcd by a court of competent jurisdic-
ton where every right and interest OF
the publication, the government, aud
the public may be fully protected"
The original charge against Esquire
was on the ground of obscenity. That
charge the Postmaster General failed
TO sustain. In order 10 find against the
magazine. the only way of throwing
the matter into the courts, the Post
master General made wholly differ.
ent charge, introduced during the
course OF the hearing, and finding
that was directly contrary to the find
ings, report and recommendations Of
the Hearing Board
Whatever the featured and domi.
nant pictures, prose, verse and sys-
tematic innuendos of this publication
may be. they surely are not 'informa.
ton of public character or 'litera.
iure, the sciences, arts or come special
industry
accordingly, the second-olass
mailing privileges Of the publication
Esquire are hereby revoked, effective
February %, 1914.
(Signcdl FRANZ c, NALktR
Postmaster General
The significance of this decision is
only Understandable after reviewing
the essential facts OF the entire case TO
date. They are as follows:
On September II, 1913, the Post.
master General caused a citation to be
issued, requiring tho magazine Esquire
10 show cause why ils sccond-clsss
mailing privileges should not he r..
yoked
This action was based on the ground
that in each of It's issues for 1913 n
date. il contained matter of an obscene
character. For this reason only. II was
asserted that Esquire had not fulfilled
tho qualifications for second.clsss mail.
ing privileges.
The magazine ihereupon hled an an.
aver denying the charge.
The Postmaster General then APP
pointed a hearing board consisting Of
three officials of the Post Office De.
partmcnt. Walter MYERS chairman,
Frank Ellis and Tom CargilI. This
Hearing Board held trial beginning
October 10 aud lasting through No.
ycmbcr q, 1913. The Post Office De
partment produced nine witnesses, Of
whom six were churchmcn. one psy.
chiairist, one suhragcttc, aud one
municipal public school adminisirs.
tor. Esquire produced thirty-eight Wit
ncsscs Of whom two were churchmcn
and the rest ranged from famous edu.
Gators. authors, youth and sports su-
ihorities and social workers 10 adter.
tisers, publicists, psychiairists and
other experts.
Suddenly. without warning on Dc.
iober Is, when the hearing had been
going on a week and the obsceniiy
charges had bsckhred, the Post Office
Department shifted its ground to add
the contention tina, Esquire Is not de-
voted to information OF public char.
scter. or TO literature, etc" On October
g our counsel had been advised in writ.
ing that the only attack was obscenily
and on October 10, in opening the trial,
Government couns had expressly lin.
tied the case 10 this ground and sought
10 exclude any other evidence.