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publisher is. I shall deal first with the act 1879, just quoted, and with the other acts later.
It will be observed, first, that only newspapers and other periodical publications are admissible to the second class under this act; but the law does not define or give any hint as to what shall be regarded as a newspaper or what shall be regarded as a periodical. That is left to the executive officer, and we have had some very queer decisions on that point, as will be seen by some of the exhibits. No administrative officer has yet written a rule defining a newspaper. This Commission can imagine the editorial broadside which would be leveled at the framer of any definition, the modern newspaper being all things in one.
The present Administration is credited with being courageous, but it has not undertaken that task. We have, however, determined that some things are not newspapers and some not periodicals, because at the beginning of the reform a rule was made that a publication should not be admitted either as a newspaper or periodical unless it consisted of current news or miscellaneous literary matter, or both.
In a case brought to test the legality of that ruling the court held that the Department had gone beyond the statute.
The court said the law did not limit the privilege to current news and miscellaneous literary matter, and therefore the Department could not. So the only way left to execute the law is to decide what prints are not newspapers and what are not periodicals from time to time as they come up for entry. We must not make any rule defining either in advance. It is a question, too, about which there are very great differences of opinion.
I might state here, aside from the paper, that one of the chief objections and complaints of the publishers is that they can not find out what the Department wants; that it does not write any rules. You see what happened to the one rule we wrote.
There are some persons who will say that the New York Sun is not a real newspaper and some that Harpers' Monthly (Exhibit 2c) is not a real periodical. Physical appearance does not determine. Some of the best advertising circulars are given the appearance of newspapers and some the appearance of periodicals.
Those which are decided not to be newspapers or not to be periodicals do not come into this class, and it makes no difference whether or not the other requirements are fulfilled.
There are found in the course of administration many publications which come close to the line, but do not get over. The failure to secure the privilege by just falling short a little is the cause of much trouble and harsh criticism.
In nearly all cases of refusal to accept a publication on the ground that it is not a newspaper or not a periodical a contest follows. The publisher finds exactly what the deficiency is and supplies it. If it is that it does not contain sufficient news, then the shears and the paste pot will fix it up. If he thinks that the decision has been made because the administrator does not find editorial matter in it, forthwith that feature is supplied. If the stuff called editoral is placed in the usual location for editorials and therefore helps out the appearance, what more can be demanded in the name of the law? If it be trash, the administrator is not a censor.
All that is true of newspapers is likewise true of periodicals. Any
deficiency in the thing itself can be supplied, and it comes into the second class. If objection is made because one looks like a book, the same thing will be produced, as we have already seen, looking like a magazine. Newspapers and periodicals fearfully and wonderfully made are constantly applying for entry. A great deal might be said on the difficulty of determining what is not a newspaper and what is not a periodical, but I will leave the rest to your imagination to be stimulated by the exhibits.
I have here, gentlemen, copies of the New York Sun of August 12 (Exhibit 2b) and September 26, 1906 (Exhibit 2a). This daily edition (Exhibit 2a) consists of 16 pages, and the Sundey edition (Exhibit 2b) of 32 pages. Generally speaking, I should say that this publication fairly represents what the law contemplates in providing for the admission of newspapers to the second class of mail matter.
Personally I do not see that it does not fulfill every requirement of the law. The same might be said of the daily edition of the New York World, a copy of which I have_here, dated September 28, 1906 (Exhibit 2d); of the New York Evening Post, a copy dated September 27, 1906 (Exhibit 2e); of the Omaha Evening Bee, a copy dated May 26, 1906 (Exhibit 2f); and a copy of the Omaha Sunday Bee, dated May 27, 1906 (Exhibit 2g). All these are submitted as fairly representing the daily newspaper and a Sunday issue.
I have before me a copy of the Second Ward Roarer. It is volume 1, No. 4, dated at Manitowoc, Wis., September 1903 (Exhibit 3a). This publication has every characteristic of a newspaper. I should say there were about 60 copies in a pound, and, like the modern newspaper, the sporting page is printed on colored paper. The page is about 3 inches wide and about 24 inches deep. The items it contains are genuine news concerning the locality where it is printed. It has a list of subscribers. It is published regularly at stated intervals. It has no substantial binding. It is issued from an office of publication, and has in it information of a public character. The officer in charge denied admission to that publication on the ground that it was not a newspaper within the meaning of the law. Then the publisher tried it over agai
The CHAIRMAN. What is the purpose of that publication, Mr. Madden?
Mr. MADDEN. General news for the ward in which it circulates.
Thinking, perhaps, that size affected the judgment of the executive, a second issue was furnished. It was volume 2, No. 4 (Exhibit 3b). Perhaps the publisher thought that it would be more like a modern newspaper if printed in red ink. That is the color in this issue.
Representative OVERSTREET. Give the dimensions of that.
Mr. Madden. This copy is about 3 inches wide and 6 inches long, and is composed of five separate sheets. This, like the others, has all the characteristics of a newspaper; but again the Department decided that it was not a newspaper, and denied entry. But the publishers were not discouraged. They tried it again with volume 2, No. 6 (Exhibit 3c). The paper in that case was about the same size as the other. Again the decision was that it was not a newspaper.
Mr. KRACKOWIZER. Why?
Mr. Madden. The answer is, when you see the exhibits, look at them and see whether you think they are newspapers. Strictly speaking, it is nothing more or less, gentlemen, than an arbitrary decision.
Mr. KRACKOWIZER. All your decisions are.
Mr. Madden. That is why I said a little while ago the law should define definitely and not leave the publisher to find fault and try to work it in by simply furnishing what would satisfy the administering officers.
The publisher then came forward with volume 3, No. 8 (Exhibit 3d). This time--it is dated in December, 1905—he made it larger. It is about 10 inches long now and 6 inches wide, composed of four sheets. This issue contains advertisements on a more elaborate scale. Again the Department held it was not a newspaper or other periodical. But the publisher was not discouraged and he tried a Christmas number (Exhibit 3e). He got it out in elaborate shape, and again, although it was of the same size, it had a cover on which is an attractive picture, the decision was that it was not a newspaper or other periodical.
So he has continued from time to time making repeated efforts to get it in; and sooner or later he will add enough to it by the process of clipping, the paste pot, etc., to compel us to put it in as a newspaper, whereas, as a matter of fact, all that is desired to circulate is the little publication as first presented.
Here are a number of copies submitted for your perusal. I have now to present a copy of the Daily Mercantile Reporter and Law Bulletin, published at Lasalle, Ill. (Éxhibit 4a).
The C'HAIRMAX. Mr. Madden, as I understand, the purpose of these publications is chiefly the circulation of advertisements.
Mr. MADDEN. There is nothing in evidence to that effect.
Representative OVERSTREET. The field of the distribution of this publication was practically limited to that ward?
Mr. Madden. It was practically limited to that ward. In other words, it was news peculiar to that ward.
Representative OVERSTREET. Not general information for the general public?
Mr. Madden. No; but still it is claimed to be news. A publication is issued within a county and the news it publishes applies particularly to that county, although it may be of general interest, and the same may be said of that publication; but no sane person would say it is a newspaper.
This latter publication, the Daily Mercantile Reporter and Law Bulletin (Exhibit 4a), is made up of tabulations of records or court proceedings, or some county officer's proceedings, concerning real estate, law matters, law notices, etc. It is printed on one side. The information in it is public in its character. It complies with every requirement of the law except that it is a single sheet, printed on one side. It looks like a circular, and is just about what one would put in an envelope to circulate. It was denied entry on the ground that it was not composed of sheets, as required by law, and was not a news
paper. The publisher was equal to the emergency, and he supplied the same thing on sheets. A few operations of the scissors and we had what would overcome the question of sheets-a folded paper (Exhibit 4b)—and if we had any objection to the tabulations as not being such matter as usually appeared in the newspapers, then he had supplied that by his clippings from the others.
I have here a copy of the Daily Reporter, published at Monticello, Ill. (Exhibit 4c). It is dated April 23, 1906. It was discovered some time ago that this was going in the mails as second-class matter, and that is a copy of it. It has some typewritten entries on it. When we discovered it we considered that was not a newspaper and it should get out of the second class; and the publisher was duly cited to show cause, and he supplied it in this form [indicating] (Exhibit 4d). Of course it is not in yet, but all he has to do is to supply a few more pages and make it a little larger.
I have here a copy of Edwards's Transcript of Records, published at San Francisco, Cal. (Exhibit 4e).
I should say, gentlemen, that none of these publications come within the rule as designed for free circulation, or circulation at nominal rates. For all of them good substantial prices are charged. This one I have in my hand is $1.50 a month, and I do not believe any sample copies of it circulate. I never heard of any. This was in the second class. It is printed on one side only. Fault was found with it and the publisher was asked to show cause why it should not be excluded from the second class.
Representative OVERSTREET. About how many copies of that would there be to the pound?
Mr. MADDEN. I should say there were 40 or 50 copies of that to the pound. It is very thin paper. First it was printed on one side, and the publisher had some trouble; and he thought if he printed something on the other side that would do. Still it was denied entry.
Other copies are submitted of the same publication where the information in it and the form varies with the publisher's efforts to make it meet the requirements.
I have here a copy of the Daily Reporter, published at Wilbur, Saline County, Nebr. (Exhibit 4f). It is nothing more or less than a circular. The few entries in it look almost as though they had been put in by hand. It is neostyle work. The law does not describe the kind of printing there shall be in a publication. This publisher was cited to show cause, and after a hearing it was ruled out of the second class. He will be able to get back, if he is clever; but he had it in fourteen years as a newspaper or periodical before it was found.
I have here a copy of the Linn County Report, published at Marion, Iowa (Exhibit 4g). It is printed by the neostyle process, and the facts concerning the previous case apply exactly to this. I do not know how many years that was in the second class.
The case I am now about to refer to, gentlemen, I think will interest you more than usual. It is a copy of the New York Times Weekly Financial Quotation Review (Exhibit 4h-1). I will not be sure of the accuracy exactly of all my statements, but if my memory serves me correctly it was this way: The New York Monday Times contains a section which the publisher conceived the idea of eliminating from the general paper. He took from the general paper this portion (indicating) and created an independent paper. He offered
it for entry, and when it was held up we found in it nothing but tabulation, the prices at which stocks and other securities were quoted and held, and he complained about the delay because we did not decide promptly. There was no editorial matter in it. When he was told that the difficulty was in deciding whether it was a newspaper, he supplied some editorial matter, made it look a little more like a newspaper (Exhibit 4h-2), and we let it in because we did not have any ground for keeping it out. But is it a newspaper?
The unfairness of that is illustrated by a copy of the publication entitled Income Values and Quotation Record, published in New York (Exhibit 4i). This publisher failed to supply a little print or any editorial matter; but it is nothing more or less than tabulation like the other, of a different character-a mere compilation of figures; but it did not come in because it did not have the editorial and other things to make it look like a newspaper.
Mr. Norris. Will Mr. Madden kindly furnish the Commission a statement which went with that?
Mr. MADDEN. If that is called for by the Commission, it can be furnished by the Department, but I did not come prepared to supply the correspondence in the case, and I do not want to be held strictly accountable for the accuracy of every statement. I am depending on my memory, Mr. Chairman, for more or less of this, because I could not get ready to furnish you with all of the data.
Here is another of exactly the same character entitled Daily Index, published at Seattle, Wash. (Exhibit 4j). This was in, but was excluded because it was not a newspaper. Here is a copy of the Frankfort Daily Index, published at Frankfort, Kans. (Exhibit Ja-1). It is dated March 8, 1906. Application for admission of this publication was submitted. It was found that it contained news concerning the locality, but it was printed only on one side. It did not comply with the requirements as to being formed of printed paper sheets. It was denied entry. While the case was pending the publisher found out the objection and printed on both sides (Exhibit 5a-2); and being further advised he used the scissors and paste pot and he got the requisite amount of stuff to make two sheets and get it in (Exhibits 5a-3 and 5a-4). I would like to have you look at this, Mr. Chairman, and the various copies submitted.
I have here a copy of the publication entitled the “Seriptural Text (hain." (Exhibit Ca.)
Senator CARTER. State the proportions of that, Mr. Madden.
Mr. MADDEN. It is a strip of thin cardboard, 10 inches long and an inch wide, published in New York, 12 cents a year. The only matter printed upon it is on one side, and it is a scriptural text. It is issued quarterly, a strip an issue, like that lindicating). Each strip is dated for a particular week in the quarter and it serves in Sunday school work, I believe. The idea is to furnish them to children. There is a little paste on the end here, and by wetting it in that shape and the next one in that shape it finally makes a chain. That was put out on the ground that it was not a newspaper or periodical. It was in a number of years.
I have here a copy of the Intercession paper, published at Bayonne, N. J. (Exhibit Ta.) It is dated January, 1905. It appears to be instruction concerning prayers issued by the head of the religious organization to the members of that organization. It is still passing