Evening star., 1944-07-11
Esquire Calls Single
in Mail Plea
And Then Rests Case
Judge Requests Full
Argument by Counsel
As Hearing keors End

Attorneys for Esquire magazine,
seeking an injunction to keep Post
master General Walker from barring
the publication from the second
class mails. today rested their case
before visiting Justice T. Whitfield
Davidson of Texas, sitting in Dis
trict Court.
At the same time Government
counsel indicated it would rest this
afternoon without presenting any
testimony
Justice Davidson asked both Bruce
Bromley, representing Esquire, and
Benedict S. Deinard OF the Sustice
Department to present their posi-
tions fully in giving their final argu-
ments.
Called Only One Witness.
Mr.. Bromley concluded his case
after presenting only one witness,
J. o. Boudon. superintendent of the
division of newspaper and periodical
mail. in the office OF the Third
Assistant Postmaster General. Mr..
Boudon spent the morning on the
stand, after appearing yesterday
afternoon, in identifying a series Of
memoranda and orders affecting
other magazines.
Esquire has taken the position
that Mr.. Walkers order banning the
magazine from the second-class
mails was arbitrary, in that numer-
GUS other magazines Of a quality the
same as or inferior to that of
Esquire, have been granted second
class privileges.
Mr.. Deinard declared that II the
Government is sustained in its order
against Esquire many other publi-
cations will be refused second class
mail privileges.
Magazines introduced in evidence
by Mr.. Bromley as having obtained
second-class privileges include the
Police Gazette. Hobo News, New
Love, Laff, Gag, Hit and Army and
Navy Fun Parade.
Admits Departmental Differences,
Mr.. Boudon admitted there had
been some controversy in the Post
Once Department during the past
few years over such magazines.
Many OF these publicat tions, he tes-
titled, came upon the scene as imi-
tators after Esquire's success became
apparent.
Justice Davidson allowed most of
the exhibits offered by Mr.. Bromley
to 60 into the record after he said
he intended to be liberal" in &C
cepting testimony on the ground
That the magazine is on trial for its
lie. Mr.. Bromley had previously
stated 1t would cost the magazine an
additional $500000 a year in postal
rates If it were required to use
fourth-class mails, and that this ex-
pense would put Esquire out OF busi-
ness.
Government Motion Overruled.
Justice Davidson yesterday over
ruled a motion by the Government
which would have limited Esouire's
presentation of evidence to that
which was given before a three-man
hearing board set up by Mr..
Walker several months ago. After
three weeks of hearings, two MEM
bers of the Post ONCE 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 to
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 had
acted ON the matter. with the pro-
viso that Esquire will pay the dif-
ference between second and fourth
class rates If it loses the case.