Evening star., 1944-07-11
Esquire Mailing Case
Seen as Deciding Fate
OF Other Magazines
Attorney Soys Adverse
Ruling Nay End Privileges
For Many Publications

An intimation that dozens OF
other magazines will lose their
second-class mailing privileges II
the courts sustain Postmaster Gen.
eral Walkers ban against Esquire
confronted publishers today as at
torneys for "the magazine for men,
prepared to resume their fight in
District Court.
Benedict S. Deinard, Justice De-
partment attorney, admitted there
had been laxity in the Post once
Department for decades in enforc-
ing the provisions of the act giving
second-class privileges to publica-
tions.
May Lose Privileges.
"Other magazines have had the
privilege which they probably
shouldn't have had" Mr.. Deinard
said. 1T doesn't mean that because
these magazines now are receiving
second-class permits that they will
continue to receive them if the
Postmaster Generals order stands. "
The courtroom over which visit
ing Justice T. Whitfield Davidson of
Texas is presiding is Uttered with
stacks OF magazines. many of which
are being examined by attorneys
witnesses and the court. Three
large packing cases of documents
and magazines were brought in by
the Post Office Department in re-
sponse to subpoena issued by attor-
neys for Esquire.
Bruce Bromley, attorney for the
magazine. charged that If Mr.
Walkers order is permitted to stand
he will be setting himself up as a
"czar" over all magazines and
periodicals.
Loss of second-class rights, he said
would cost the magazine $500, 900 a
year for the use of fourth-class mail
He said the publication was unable
to bear such additional cost and that
the effect OF the order would be to
put Esquire out of business.
Mr.. Bromley said he asked the
Post Of1ice Department to produce
about so other magazines because
he wanted to show that most OF
them did not fulfill the condition
of the statute which provides that
second-class mailing privileges be
extended to publications disseminat-
ing information of a public charac-
ter and devoted to art, literature, the
sciences or some special industry.
Asks for Other Magazines.
He asked J. o. Boudon, superin-
tendent Of newspaper and periodical
mails in the Office of the Third As
sistant Postmaster General, to pro-
duce cartoon gag magazines. comic
booklets and love story magazines.
All OF these, the witness said, had
been admitted to second-class mails,
although in one instance he said an
application for re-entry was under
study. Mr.. Boudon said every
doubtful publication is submitted to
the solicitor of the Post ONCE before
a permit is granted for it to be
sent through the second-class mails
Justice Davidson yesterday over
ruled motion by the Government
which would have limited Esquire
presentation of evidence to tha,
which was given before a three man
hearing board set up by Mr.
Walker several months ago. Afte,
three weeks of hearings, two mem
bers of the Post Office tribunal rec
commended that Esquire be allowed
to keep its second-class rights and
the third member voted to bar the
magazine from the second-class
mails.
Mr.. Walker. however, banned the
magazine, but invited a court de-
termination of his powers to decide
what publications were entitled tc
|second-class privileges. At the same
time he agreed to allow the maga-
zine to continue using second-class
mails until court of last resort hac
acted on the matter. with the pro-
viso that Esquire will pay the diff
ference between second and fourth
class rates if it loses the case.