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There is no rule. We have to decide, and, whatever the decision, some one is offended. I would be glad to have the light of anybody's view upon the subject of whether that is a newspaper or a periodical [referring to the Saturday Evening Post). (Exhibit 16e.)
The same is true of the Literary Digest, published in New York (Exhibit 16f). I have a copy here dated September 22. The question is whether it is a newspaper or periodical.
This statute contains the following provision:
Mailable matter of the second class shall contain no writing, print, or sign thereon or therein in addition to the original print, except as herein provided, to wit: The name and address of the person to whom the matter shall be sent; index figures of subscription book either printed or written; the printed title of the publication and the place of its publication; the printed or written name and address without addition of advertisement of the publisher or sender, or both, and written or printed words or figures, or both, indicating the date on which the subscription to such matter will end; the correction of any typographical error; a mark, except by written or printed words, to designate a word or passage to which it is desired to call attention; the words "sample copy " when the matter is sent as such; the words “marked copy" when the matter contains a marked item or article. And publishers or news agents may inclose in their publications bills, receipts, and orders for subscriptions thereto, but the same shall be in such form as to convey no other information than the name, place of publication, subscription price of the publication to which they refer, and the subscription due thereon.
We have much difficulty in determining what is the original print. A newspaper or periodical is prohibited from containing any writing, print, or sign whatever thereon or therein in addition to the original print, except such as the name and address of the sender and the name and address of the addressee. That paragraph also provides that the publisher may inclose subscription-order blanks, bills, and receipts. How this provision of the law is practically nullified by present practices, and how newspapers and periodicals are made the vehicle for transmitting third and sometimes fourth class matter to the detriment of the Government revenues from matter of those two classes will be made plain by the exhibits.
I have already shown you the wall paper. The wall paper by itself in the mails is 16 cents a pound. Inclosed as a supplement to a newspaper it goes at a cent a pound.
Here is a copy of the Riley Regent, published at Riley, Kans. (Exhibit 17a). It is dated August 4, 1905. Upon it is pasted, in connection with an advertisement, a little piece of gingham. You can tear it off and feel it and see the quality of it. Any person but the publisher sending that through would have to pay 16 cents a pound. Is that part of the original print?
We have a copy of the Dyers' Bulletin, Philadelphia, May 28, 1904 (Exhibit 17b). There are samples of wool and dyers' colors in it that are for the information of the trade. This matter in any other way would be 16 cents a pound.
I have the Boot and Shoe Recorder, Boston, October 18, 1905 (Exhibit 17c). We found that the publisher asked whether he could bind in three blotters-advertising blotters-of Elliott, Johnson & Co., to be torn out and used like other blotters. Having asked in advance, he was of course told “No” (blotters are 16 cents a pound), but had he sent them through at a cent a pound we probably would not have found it out, because we have not, as I said, eyes and ears enough to go around.
Here is a publication called the Confectioners' Review, published in Cincinnati, Ohio (Exhibit 17d). There is an advertisement, a sheet of waxed paper. It is also a sample of the paper. By purporting to be an advertisement it goes through at a cent a pound. By itself it would be 16 cents a pound. Is it part of the original print? Is it entitled to go at magazine rates?' On this same line we have many interesting exhibits. Here is a copy of the Inland Printer, published at Chicago, December, 1901 (Exhibit 17e). This is probably one of the highest-class publications in that line, and this particular abuse, if it is an abuse, is more prevalent with publications devoted to the printing trade than to any others.
Here is an advertisement of the Niagara paper mills at Lockport, N. Y. (Exhibit 17e, facing page 337). It is a page of this publication, and it is on the kind of paper advertised. The person receiving it is able to feel it, note its finish, test its strength, and otherwise inspect it with a view to buying. It is a sample, and it is 16 cents a pound going in the mails in any other way than in a periodical. That abuse has been corrected.
Mr. KRACKOWIZER. Is it not being done?
Mr. KRACKOWIZER. The Art Printer, in Cambridge, Mass., does it every month, and does it with a device suggested by the Post-Office Department, by putting in a piece of tissue paper upon which he prints the thing is not an ad, but is paper just the same.
Mr. MADDEN. I might state, in answer to that, that the publisher of that publication was told that we would be obliged to rule out any advertisement which was on the paper advertised. We would hold it to be a sample of the paper. He states, if I am correctly informed, that the paper advertised is not any longer used to print the advertisement.
Mr. KRACKOWIZER. It is so worded that the quibble is quite apparent to everybody' who reads it.
Mr. Madden. I do not know whether you heard me before, sir, but I paid deference to the ingenuity of the publishers.
Mr. KRACKOWIZER. In other words, all the rulings do not do any good.
Representative OVERSTREET. It emphasizes the necessity of a statute. Mr. Madden. Yes, sir.
The CHAIRMAN. There is no doubt that it has been impossible to enforce the law consistently, and that is causing friction and misinterpretation.
Mr. MADDEN. It has been possible so far to enforce it only in part. I have here Keith's Magazine, of Minneapolis, Minn., August, 1906 (Exhibit 17f), and a page of it is devoted to the kalsomine tints. They can be taken off, as you see. They have the various colors of kalsomine for use in house decoration, etc. In any other way than in a periodical this would be 16 cents a pound.
I have here a copy of the Seattle Sunday Times, of Seattle, Wash., dated February 25, 1906 (Exhibit 15l). It consists of 160 pages in 15 parts. The publisher I suppose on this occasion mailed sample copies. The questions in this case are so numerous that it is hard to get them before you. One question is whether that alleged issue was entitled to the second-class rate at all. That is not what we admitted to be second class. If you will compare it with the issue that
is on file with the Department, you will find probably that 14 or 16 pages is what was admitted and that it was a genuine newspaper then (115 pages). Now, what is it? Certainly there is not news to that amount in Seattle when in 14 to 16 pages the news of the world is printed elsewhere. It a question whether all this stuff is part of the original print. Again it is a question whether it is a legitimate part of the newspaper.
I have here the Seattle Sunday Times. This [indicating] is the Seattle section (Exhibt 151-1). It is nothing but pictures of Seattle. This one [indicating] is Seattle big buildings (Exhibit 151-2). Here is the home section (Exhibit 151–3); it is largely pictures. This [indicating] is the part which is an actual newspaper (Exhibit 151-4). The rest of it I leave to you gentlemen to guess whether it is all part of the Seattle Times or not. I will not undertake to settle that to-day.
We have some legal advice in what can be included in a newspaper as a part of it, and whether or not form is to be observed. This particular part of the Seattle Times folded up that way has that shape [indicating], but being folded in and made a page that way it gets around the question as to whether there is any objection as to form. There is any amount of this stuff, but I will not take your time to go over it. It is all of the same varying character, and it is a question whether anything but thatnewspaper [exhibiting the newspaper part] is really entitled to the second-class rates—whether all the rest of the prints tacked on to it is entitled to go at tho-e rates. Is there no limit to what a publisher can tack on to his newspaper!
Here is another phase of this question. Here is a sheet of figures (Exhibit 15m-1), some funny matter, and some advertisements. It is printed at a central office and distributed around the country free to publishers who will inclose it with their newspapers. We find this particular thing in the case of the Daily Argus and Leader of Sioux Falls, S. Dak. (Exhibit 15m-1); Central Kansas News-Democrat, Lyons, Kans. (Exhibit 15m-2); Semi-Weekly Progress (Exhibit 15m-3)—I do not know the location of this one—the Brookings Register (Exhibit 15m-4)-location not stated; Shawano County Advocate, Shawano, Wis. (Exhibit 15m-5); Pilot Grove Enterprise, Pilot Grove, Mo. (Exhibit 15m-6); The Newton Enterprise (Exhibit 15m-7)_location not given; The Haddam City Clipper, Haddam, Kans. (Exhibit 15m-8); The Beresford Republic, Beresford, S. Dak. (Exhibit 15m-9).
The CHAIRMAN. Where is this printed? Mr. MADDEN. I think in New York. Representative OVERSTREET. They are all printed in one place? Mr. MADDEN. It is the same thing in all. It is printed and distributed around the country free to all publishers who will mail it as parts of their newspapers.
Representative OVERSTREET. The same identical thing is circulated in all these various papers?
Mr. MADDEN. Yes; in all these different papers. In one case it appeared as a “part“ (Exhibit 15m-10) of the paper, and in another as a supplement (Exhibit 15m-11).
Here is a print, four pages, furnished by the American Mutual Newspaper Union, New York City. (Exhibit 15n-1). I am reliably informed that this is furnished free to all the publishers in the country who will mail it in their newspapers as a “part” or “ section.”
Especially is it circulated in newspapers that pay no postage in the counties. Here are six others (Exhibits 15n-2 to 15n-7, inclusive) furnished by the same company to other publishers.
Representative OVERSTREET. It contains advertising matter?
Mr. Madden. It is simply an advertising scheme. They just put enough so-called literary matter to cloak advertising character and it goes to the publisher free who will include it. To get circulation for advertising matter free of postage appears to be the scheme.
Mr. KRACKOWIZER. Is that not like the session law supplements? Are they not printed and distributed in the same way?
Mr. MADDEN. I think they are. I have here a single speech (Exhibit 15-0). I do not know what subject it was on, but it appeared in eleven papers, in some as sections, in some as pages of the paper, and in some as supplements-the same identical thing, wherever found, furnished free.
Representative OVERSTREET. Was there advertising matter connected with that?
Mr. MADDEN. It was the speech of the candidate for the governorship of Texas. There was no advertising in it, unless that was advertising him.
Mr. GLASGOW. Was that circulated outside of Texas!
Mr. Madden. I imagine not. It would be of no value outside of Texas, because it is political.
Mr. GLASGOW. Is there objection to that!
Mr. Madden. The only objection to that is whether that is a part of the original print, because the law prohibits anything not of the original print-that's the question.
Representative OVERSTREET. These illustrations of yours, I understand, are to demonstrate how difficult it is to operate under the law. You are not fighting any particular thing that may be started?
Mr. MADDEN. Not at all.
Mr. Glasgow. I did not understand the application of that, and that is the reason I asked the question.
Representative OVERSTREET. I understood it very clearly.
Mr. Madden. I just read the section which prohibits any additions to the original print.
Mr. Glasgow. I may have been very dull, but I wanted to get at it.
Mr. Madden. We are sometimes confronted with the problem of determining what is a part of a paper. This is a copy of the Philadelphia Press dated February 25, 1906 (Exhibit 15p.). At Philadelphia everybody knows that it is all a part of the Philadelphia Press, and similar to other newspapers, but we find on inspection that it contains five different titles. It is “ The Philadelphia Press (Exhibit 15p-1), “ The Sunday Press” (Exhibit 15p-2), “The Philadelphia Sunday Press” (Exhibit 152–3), “ The Sunday Philadelphia Press” (Exhibit 15p-4), and “The Sunday Magazine of the Philadelphia Press” (Exhibit 15p-5); and the postmaster out in Kansas who gets the copy says, "I do not know whether there is one paper or a half a dozen." That is the problem. The law is difficult of administration, because it is too technical.
Mr. VICTOR. Is not the Press edited and partially owned by ExPostmaster-General Smith ?
Mr. Madden. I believe so. I do not suppose he knows anything about that, however. It is a mere office detail.
Let us take the same publication, the Philadelphia Press, for another illustration. This is “ The Sunday Magazine of the Philadelphia Press; "it is designated a part. The question is whether it is a part or whether it is an independent publication. If it is an independent publication it is not entitled to be mailed as part of the Philadelphia Press. Another thing, only the publisher thereof is entitled to mail it. The question is whether the publisher of the Philadelphia Press is the publisher of this magazine. It is also a question whether it is a part of the original print; and if a part, it is a question whether it is even then a part of the Philadelphia Press, on account of the variation of title.
Mr. COLLINS. I would like to inquire on what ground it has been allowed to go in the mail?
Mr., MADDEx. Indefiniteness of the law and the general impossibility of reaching all the questions at one time.
Mr. KRACKOWIZER. Suppose you let it entirely alone, would not the matter in the course of time settle itself along the lines of least resistance and competition?
Mr. Madden. I deem it to be the duty of a public officer to execute the law as he finds it.
Mr. KRACKOWIZER. But you say you can not do it.
Sec. 48. All publications of the second class, except as provided in section 25 of said act (of March 3, 1879, ch. 180, 1 Supp., 249), when sent by the publisher thereof, and from the office of publication, including sample copies, or when sent from a news agency to actual subscribers thereto, or to other news agents, shall be entitled to transmission through the mails at 1 cent a pound or fraction thereof, such postage to be prepaid as now provided by law.
Under this paragraph nobody but the publisher or a news agent can mail copies at those rates. The exhibits will make clear to you what a problem it is to determine in many cases whether a publication is really being mailed “ by the publisher thereof."
Taking for illustration again " The Sunday Magazine of the Philadelphia Press” (Exhibit 15p-5). We know that is printed in York at a central house. We know that to place an advertisement in it you must correspond with that house. It is furnished to eight or ten different newspapers and sent out as a part of them. The question in each case is whether it is, as a matter of fact, a part of the original print-whether it is being mailed by the real publisher thereof in every case--and it is a question whether it is not an independent publication overcoming the requirements of the law as to a list of subscribers for itself and the others, such as being issued from the true known office of publication. According to the advertisement this publication circulates to the extent of a million and a quarter copies. It is not very different from some of those independent publications that have been shown.
Here is one very interesting problem concerning the question of whether a publication is being offered for mailing by the publisher thereof" as required by law. We found not very long ago quite a number of similar publications applying for entry. By the time