33d. The Official Guide of the Railways and Steam Navigation Lines of the United States, Porto Rico, Canada, Mexico, and Cuba (June, 1906). Description.-A variety of railroad guides, containing railroad time-tables, etc. Practically all of the matter in these publications is reprinted from issue to issue, only such changes being made as are necessary to bring issues up to date. 34a. August, 1904. 34b. December, 1904. 34c. October, 1905. EXHIBIT 34.-The Trotting Guide. Description. This publication is a compilation of the performances of trotting horses. (See also Exhibit 35.) Much of the matter in this publication is reprinted from issue to issue, only such changes being made as are necessary to bring issues up to date. EXHIBIT 35.-The Morning Telegraph's Racing Chart Book. 35a. October 3, 1905. 35b. November 3, 1905. 35c. December 4, 1905. Description. A compilation of matter in regard to the performances of running horses previously published in The Morning Telegraph, a daily newspaper admitted at New York, N. Y., as second-class matter, and reprinted in this form for use as a reference book. Most of this matter is reprinted from issue to issue, only such changes being made as are necessary to bring issues up to date. (See also Exhibit 34.) EXHIBIT 36.-Catholic Directory (1901). Description.-A directory of churches and clergy. The matter in this publication is reprinted from issue to issue, only such change being made as is necessary to bring the issue up to date. EXHIRIT 37.-General Digest American and English Bimonthly Advance Sheets (April, 1903). Description. A digest of the decisions of the courts. It is understood that this same information is later issued by the same publishers in substantially bound books. EXHIBIT 38.-Shepard's Annotations, New York Supreme Court (Sept., 1904). Description.—A compilation of citations of all cases in the New York Supreme Court Reports-a reference book. EXHIBIT 39.-The Record Guide and Quarterly. 39a. July, 1903. 39b. October, 1903. 39c. February, 1904. Description. The publisher describes this publication as a system of dietionary records (in regard to conveyances, mortgages, projected buildings, alterations, leases, auction sales, etc.) at once the most accurate, the most convenient, and by far the cheapest available. By means of this publication the real estate man is put in possession of a system of records from which he can find any particular transaction in conveyances, mortgages, auction sales. or leases as easily as he can find the name of one of his clients in the telephone book. It is in permanent form, ever ready and available." Attention is particularly invited to the February, 1904, issue (39c). It contains all of the matter which appeared in several of the issues for 1903 with such matter added as was necessary to bring it up to date. EXHIBIT 40. 40a. The Journal Military Service Institution (September-October, 1904). 40b. The general index of the matter which has appeared in previous volumes of this publication. Description.-A general index to matter which appeared in previous issues. The publisher desired to mail this "general index" separate from the September-October issue. EXHIBIT 41. 41a. The Parish Choir. 41b. The Intermezzo. 41c. The Etude. 41d. Music and Story. 41e. The Choir and Choral Magazine. Description.-41a consists entirely of music; 41b, 5 pages of text and 12 pages of music; 41c, 22 pages of text and 24 pages of music; 41d, 13 pages of text (mostly ready-print matter) and 7 pages of music; 41e, 20 pages of text and 12 pages of music. The difficulty of determining the line of demarkation and deciding which of the above publications meets the requirements of the law, is apparent. EXHIBIT 42. 42a. The Kindergarten Sewing Cards (October, 1905). 42b. Pilgrim Teacher Lesson Pictures (April, May, and June, 1905). 42c. The Kenilworth Prints (July-August, 1905). 42d. Bulletin of Brown University (January, 1905). 42e. The Burr-McIntosh Monthly (October, 1906). Description.-The Kindergarten Sewing Cards (42a) are cards bearing a printed motto which is to be stitched with thread or yarn in the manner indieated by the Sunday school pupil to whom it is furnished. Each card bears the technical indicia of a periodical publication. The Pilgrim Teacher Lesson Pictures (42b) consists of thirteen picture cards with the indicia of a periodical publication appearing on the back of each. They are mailed in envelopes like the one submitted with the exhibit, which keeps them from becoming separated. The next two publications-The Kenilworth Prints (42c) and Bulletin of Brown University (424)-consist entirely, aside from a mere announcement, of illustrations or pictures bound in the publications. The fifth, The Burr-McIntosh Monthly (42e), consists of a small amount of text, but very largely of illustrations or pictures bound in the publication. EXHIBIT 43. 43a. The American Ladies' Tailor (May, 1906). 43b. Chic Parisien (June, 1906) (a foreign publication). 43c. American Album of Fur Novelities (March, 1906). Description.—The American Ladies' Tailor (Exhibit 43a) and Chic Parisien (Exhibit 43b) are representative of a class of publications consisting principally of loose plates and text descriptive of the plates. Little or no other literary matter appears therein. These plates are shown to prospective purchasers of clothes in tailoring and dressmaking establishments, the style of garment desired being selected therefrom. The American Album of Fur Novelties (Exhibit 43c) is similar to the above, except that the publisher has bound the plates in the publication. EXHIBIT 44.-America (October, 1906). Description. The textual matter in this publication consists of the Brooks ready-print matter (see Exhibits 18a, 18b, and 18c), in front of which there have been bound in the publication sheets of "post cards," to be detached and used by the purchaser. What essential difference is there between it (America) and the American Album of Fur Novelties (43c), in which plates that were formerly inclosed loose have been bound in the publication? EXHIBIT 45.-The Christian Record (July, 1904). Description.—A publication published by the general conference of the Seventh Day Adventists in point print for the use of the blind. EXHIBIT 46. 46a. Peloubet's Sunday School Lesson Papers (May, 1905). 46b. Bible Study Union Lessons, Junior Quarterly (first quarter, 1906). 46c. The Superintendent's Quarterly (second quarter, 1905). 46d. The Boy's Teacher (April, 1905). Description. The above publications show the practice of publishers of what are called Sunday school publications" of providing therein blank spaces for written answers to questions which are printed in the publication or which the Sunday school teacher may ask (see Exhibits 46a, 46b, and 46c), and in furnishing (see Exhibit 46d, pp. 65, 66, and 67) novelties (in this case what are called “think-and-search questions ") which are to be cut out by the teacher and handed to each pupil, he to search out the answer. This is equivalent to furnishing the pupil with a sheet of writing paper. If these publications containing blank sheets for writing purposes are not admissible as second-class matter, to what extent could the inclosure of such blank matter for use of pupils be carried before the status of the publication would be affected? Can the practice under the law to be allowed at all? 66 II. Must regularly be issued at stated intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively.' (Exhibits 47 to 49, inclusive.) EXHIBIT 47. 47a. The Industrial Advocate, Port Conway, Va. 47b. The Red Men, Binghamton, N. Y. 47c. The Linn County School Review. 47d. The Boy's Own Sport Paper, St. Joseph, Mich. Description. Each of the above publications exemplifies a case where publishers have failed to meet the requirements of the law, that publications entered as second-class matter "must regularly be issued at stated intervals, as frequently as four times a year, and bear a date of issue and be numbered consecutively." In the case of the first three (47a, b, c) an issue was omitted, and there was subsequently gotten out a so-called "double" number-that is, one number taking the place of two. In the case of 47d two issues were missed, and the publisher subsequently issued a "triple" number-i, e.. one number taking the place of three. The question for the Department is, Should a publisher, by reason of the omission of one number, lose his second-class privilege? Should he, if he has failed to issue two numbers, lose his second-class privilege; and, if such action should not be taken in either case, how many issues could be omitted before the second-class mailing privilege should be revoked? EXHIBIT 48. 48a. The Pecan Valley News, Brownwood, Tex. 48b. Extra edition of above publication. Description. It is well known that "extra editions" of newspapers are published, and under section 434, paragraph 5. Postal Laws and Regulations, the same are accepted as second-class matter. Exhibit 48a is a copy of the regular issue of The Pecan Valley News for September 6, 1906, and 48b is a copy of an “extra edition" of that publication. The regular issue is of the usual country newspaper type, consisting of 16 pages, each 15 by 22 inches. The so-called "extra edition" is a single sheet, 10 by 11 inches, consisting of a tabulation, printed on one side only. EXHIBIT 49. 49a-1. El Paso Evening News (April 23, 1906). 49a-2. "Variant" edition of the above. 49b-1. Winamac Republican (February 4, 1904). 49b-2. Variant" edition of the above. 49c-1. Shawnee News (February 11, 1905). 49c-2. Variant" edition of the above. Description.—These publications illustrate the practice of publishers in issuing their regular editions of newspapers or periodicals and afterwards printing additional alleged copies thereof in the form and with the appearance of the regular, but in which a part of the matter, varying in amount, has been changed. The new matter is the thing which the publisher desires to circulate, and by itself it would be subject to the third-class rate, but if contained in an alleged issue of the newspaper or periodical it is accepted at the second-class rates if the postmaster does not happen to discover the difference of contents. Under a construction of the law all copies of an issue of a publication must be identical. III. “A known office of publication." (Exhibits 56a to 50c, inclusive.) EXHIBIT 50. 50a. The Midland Methodist (December, 1905). Description.—The above is a monthly religious publication and was at one time entered as second-class matter at Columbus, Ohio. The editor resides in Columbus, and it appears that nearly all of the business (and in addition thereto the printing) of the publication was done at that place. When entered at Columbus, copies thereof (the publication being issued monthly) were, when mailed to subscribers residing within the delivery limits of Columbus, subject to postage at the rate of 1 cent a copy. The publsher discovered that by having the publication entered at Westerville, Ohio, a town near Columbus and easily accessible, his postage bill would be materially reduced. Admission of the publication was therefore sought at Westerville, Ohio. The publisher admitted that his purpose in seeking entry at Westerville was to evade the higher rate of postage to which copies of the publication addressed for delivery to subscribers in Columbus were subject when the paper was admitted at that (Columbus) place. About 2,300 subscribers were claimed, and it is thought that 1,500 of that number resided in Columbus. The postage on these 1,500 copies would, therefore, each month have amounted to $15, but by having the paper admitted at Westerville the postage on these copies would probably have amounted to less than $1.50. The publisher secured admission of the publication at Westerville, but subsequently the facts in regard to the maintenance of a “known office of publication" were ascertained. It did not appear that the real business of the publication was conducted at Westerville, but, in fact, at Columbus, and the entry at Westerville was, therefore, after a hearing, revoked. Had this publication been issued weekly, the publisher would, under the law, have enjoyed the pound-rate privilege on copies thereof addressed to all subscribers and would not have had reason for seeking entry at Westerville. This case shows the discrimination in the law against publications issued other than weekly. In this connection see the remarks upon this subject of the Third Assistant Postmaster-General on page 50b. The Defender, Boston, Mass. (July, 1904). 50c. The Teamster, Chicago, Ill. Description. The facts and circumstances in connection with Exhibits 50b and 50c are not dissimilar to those in the case of Exhibit 50a, and which are described in detail. In 50b the real business of the publication appeared to be conducted in Boston, Mass., and over half of the circulation of the publication was to subscribers in that place. Entry was sought at Salem, Mass., also at Marblehead, Mass., both towns being near Boston and easily accessible. In the case of 50c practically all of the subscribers (about 19,000) resided in Chicago. Entry was sought at Morgan Park, Ill., a suburb of Chicago, and easily acces sible thereto. Had this publication been entered at Morgan Park, it is estimated that at least $166 would have been lost monthly to the Government. The Government would have lost similarly in the Boston case. IV. "Originated and published for the dissemination of information of a public character." (Exhibits 51 and 52.) EXHIBIT 51. 51a. Wake Forest Weekly, Wake Forest, N. C. (Apr. 27, 1905). 51b. The Illini, Urbana, Ill. (Nov. 22, 1904). 51c. The Tarletonite, Stephenville, Tex. (May 31, 1905). 51d. The Purple and Green, Murfreesboro, Tenn. (Feb. 10, 1904). 51f. The Tulane Weekly, New Orleans, La. (Jan. 17, 1905.) 51k. The Central Normal Bulletin. Mount Pleasant, Mich. (May, 1905). 51m. The Dartmouth Bimonthly, Hanover, N. H. (February, 1906). 51n. The Columbiad, University Park, Oreg. (May, 1903). 510. Yale Alumni Weekly, New Haven, Conn. (Feb. 14, 1906). Description. The above publications are representive of a class published by students of schools, colleges, alumni associations, societies, etc. They contain more or less matter relating merely to the students or members of the particular school, college, association, society, etc. In connection with each the question is whether it is, as required by the law, "originated and published for the dissemination of information of a public character." This can only be deter mined by reading the matter contained in each publication. Some of these publications have been admitted as second-class matter: others have not. tion is invited to the remarks of the Third Assistant Postmaster-General on page of this report, and Exhibits 9a and 11b. EXHIBIT 52. 52. The Union News, Thomaston, Ga. (February 5, 1906). Atten The remarks in the case of exhibits under (51) apply in this case. Description. For a description of this publication see the reply to the resolution of the House of Representatives, dated February 24, 1906, attached to and made a part of the exhibit. V. “Or devoted to literature, the sciences, arts, or some special industry.” (Exhibits 53 to 55, inclusive.) EXHIBIT 53. 53a. The Journal of the American Chemical Society (March, 1906). 53b. The Journal of Geology (September-October, 1906). The above publications are fairly representative of a class" devoted to the sciences "—in these particular cases chemistry and geology. EXHIBIT 54. 54a. Fine Arts Journal (September, 1906). This publication is fairly representative of a class "devoted to the arts," and is alleged by the publisher to be "devoted to art, music, and literature." 54b. The Sketch Book (August, 1906). This publication is fairly representative of one "devoted to art." |