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Parks Floral Magazine (68b) is published by George W. Parks, at Lapark, Pa., who is in the seed business. No doubt, in connection with most of the subscriptions to the publication, flower seeds, bulbs, etc., are given as premiums to subscribers. The subscription price is 10 cents a year. Most of the text, except that taken (reprinted) from other publications, is a description of flowers, bulbs, etc., the seed. no doubt, being procurable from Mr. Parks. This same character of matter is furnished by some seed houses in the country as “ catalogue matter. There are 19 pages of display advertising, 3 of which are devoted to the publisher's other business.

The Ilomeseeker (680) is a sort of agricultural paper, published by and apparently in the interest of the land department of the Florida East Coast Railway. It consists largely of write-ups" and illustrations setting forth the advantages of the country through which that railroad runs, and in addition thereto there is a considerable amount of display advertising of the railroad.

The Craftsman® (68d). The publisher represents this publication as being devoted to the interests of art and labor.” The matter it contains might be termed "high grade.” The theme of the articles in the publication tends to induce the reader to appreciate articles of furniture and art of the sort manufactured by the United Crafts Company, the publisher of the publication. Of the 27 pages of display advertising, 9 are of the publisher's other business.

The Alkaloidal Clinic (68e). This publication contains considerable text setting forth the advantages of the use of alkaloids, especially those manufactured by the Abbot Alkaloidal Company. It appears that the publisher of this publication (The Clinic Publishing Company) and the Abbot Alkaloidal Company are the same. The publication also contains several pages of display advertising of the Abbot Alkaloidal Company's products.

Exhibits 68f-1 to 12, inclusive, 68g, and 68h should be considered together, inasmuch as although they appear to be published by three different publishing companies, namely, The Butterick Publishing Company, the Standard Fashion Company, and the New Idea Publishing Company, respectively, they are, it is alleged, published by one concern (The Butterick Publishing Company) and are known as “the Butterick trio.” (See page 3 of Exhibit 73h.)

A detailed analysis of a year's copies of The Delineator results as follows:

Number of pages. Articles based on fact, current events, etc.

273 Fiction.--

405
Household topics, general fashion notes with no reference to patterns. 377
Fashion notes containing reference by number to Butterick patterns.- 685
Book reviews----
Total text-

1, 761 Advertising of Delineator Display advertising of Butterick Publishing Co.

21

21

39
Total advertising of Butterick Publishing Co-
General display advertising---

Total advertising
Front cover pages
Index pages

60
556

616 12 12

Total pages, 12 copies.

2. 401

Total weight of 12 copies, 214 ounces (13 pounds 6 ounces). Average weight per copy, 173 ounces (1 pound 16 ounces). 11.37 per cent articles based on fact, etc. 16.86 per cent fiction. 15.70 per cent household topics, etc. 28.52 per cent text containing reference to Butterick patterns. 2.49 per cent display advertising of Butterick Publishing Company, including Delineator.

23.15 per cent general display advertising. 25.66 per cent total display advertising.

A brief analysis of The Designer (719) results as follows: Total pages, including cover

130 Pages text (including 41 pages containing reference to patterns).

112 Pages advertising

18 Pages advertising of publisher

11 Pages of stories-fiction

15 A brief analysis of New Idea (71h) shows the following: Total pages, including cover

114 Pages text -

62 Pages advertising--

32 Pages advertising of publisher--

21 Pages devoted to pattern department

20 Pages of stories-fiction.--

19 Much of the textual and advertising matter, it will be seen from the above analysis, relates to patterns made by and procurable from the publishing company and is no doubt very instrumental in promoting the sale of such patterns. It has been charged by competitors of the Butterick Company that in order to make existence possible it was necessary for them to publish a “pattern magazine," which they would be pleased not to be compelled to do.

EXHIBIT 69.

69a. Sunset (September, 1903).
69b. For California (December, 1903).
69. Idaho Mines and Metals (May 3, 1906).
69d. Board of Trade Journal, Scranton, Pa. (September, 1905).

Description.- Each of the above publications appears to be published in the interest of a locality. The advertising feature of these publications does not lie in the display advertisements. In fact, in two of the publications (For California and Idaho Mines and Metals) no display advertising whatever is carried, but the advertising feature is entirely found in the text. This fact can only be realized by reading the matter in the publications. A cursory examination will not disclose it.

Sunset (Exhibit 69a) appears to be issued in the interest of the territory traversed by the Southern Pacific Railroad, by wbich company it is published. Promoting an interest in the country naturally increases the business of the railroad.

The publication For California (Exhibit 69b) is published by the California Promotion Committee. The committee's purpose in publishing the publication is by it stated to be as follows: "The purpose of the committee is to give to the world reliable and unbiased information regarding the resources of and opportunities in California. For California is published to assist in carrying out the objects in view.”

Idaho Mines and Metals (Exhibit 69c) consists entirely of write-ups of Idaho mining properties. A large number of copies of this publication are furnished mining and stock brokers for distribution.

The Board of Trade Journal (Exhibit 690) sets forth certain information in regard to the advantages of Scranton, Pa. The publisher states that the publication is published " in the commercial and industrial interests of Scranton."

6262-07 -5

EXHIBIT 70.Leares of Healing (October 29, 1904), Zion City, Ill. Description.—This publication consists of information concerning the “ Christian ('atholic Apostolic Church in Zion " and its membership. It appears to be published in the interests of and to promote that religious sect. Is it “ designed primarily for advertising purposes," and therefore within the prohibition of the law against publications of that character?

EXHIBIT 71. -The Home Builder.

71a. May, 1904.
71b. February, 1905.

Description. The Ilome Builder (Exhibit 71a) is a publication published by IIerbert ('. ('hivers, an architect, of St. Louis, Mo. It consists almost entirely of illustrations of his houses, the plans thereof, and some text describing the same.

The Home Builder (Exhibit 71b) is the same publication, changed in physical features by enlargement and the addition of some information and display advertising matter of a general character. Mr. ('hivers, the publisher, in connection with this latter publicatoin (71b) states that he has given up his business as an architect; that the architectural business formerly conducted by him has been formed into a stock company, in which he holds but one share. He now claims to be only a publisher of a building magazine.

Exhibit 72.-Successful Americans (October, 1903).

Description.The text in this publication appears to be mainly “write-ups" of individuals, for which “write-ups" it is understood most of them pay a price. Copies of the publication are sold in considerable quantities to those persons whose biographies appear therein. The purpose in purchasing these copies is, no doubt, with the intention of distributing them free.

Exhibits 73 (a to h, inclusive) are fairly representative of publications devoted to a “special industry." Where one exhibit of this class of publications is shown there are hundreds passing in the mails. The following exhibits are, however, fairly representative of the class:

EXHIBIT 73. 73a. American Machinist (January, 1904). 73b. The Carriage Monthly (November, 1903). 730. The Clothier and Furnisher (September, 1906). 73d. Dry Goods Economist (September 8, 1906). 73e. The Furniture Journal (September 10, 1906). 73f. The Keystone (September, 1905). 73g. The American Swineherd (September, 1906). 73h. White's ('lass Advertising (August, 1906).

Description.—The American Machinist, January, 1904 (73a), is a publication devoted to the machine industry. Total pages

181 Pages of text -

10, or 22 per cent. Pages of display advertising

14, or 78 per cent. A material portion of the matter included above as "text" is really " writeups” (textual advertising), which is considered to be the most effective kind of advertising.

The Carriage Monthly, November, 1903 (73b), is a publication devoted to the carriage and wagon industry. Total pages.

118 Pages of text

38, or 32 per cent. Pages of display advertising

80, or 68 per cent. A material portion of the matter included above as "text" is really “writeups” (textual advertising), which is considered to be the most effective kind of advertising.

The ('lothier and Furnisher, September, 1906 (736), is a publication devoted to the clothing and furnishing trade. Total pages.

134 Pages of text.

45, or 34 per cent. Pages of display advertising

89, or 66 per cent. A material portion of the matter included above as text" is really " writeups" (textual advertising), which is considered to be the most effective kind of advertising.

The Dry Goods Economist, September 8, 1906 (730), is a publication devoted to the dry goods and textile industry. Total pages.

192 Pages of text.

65, or 3+ per cent. Pages of display advertising

127, or 66 per cent. I material portion of the matter included above as "text" is really “writeups" (textual advertising), which is considered to be the most effective kind of advertising.

The Furniture Journal, September 10, 1905 (73e), is a publication devoted to the furniture industry. Total pages.

100 Pages of text.

36, or 36 per cent. Pages of display advertising

64, or 64 per cent. A material portion of the matter included above as "text" is really "writeups" (textual advertising), which is considered to be the most effective kind of advertising.

The Keystone, September, 1905 (73f), is a publication devoted to the jewelry and optical trades. Total pages.

238 Pages of text -

78, or 33 per cent. Pages of display advertising --

160, or 67 per cent. A material portion of the matter included above as "text" is really " writeups" (textual advertising), which is considered to be the most effective kind of advertising.

It is alleged that much of the text is taken (reprinted) from other publications.

The American Swineherd, September, 1906 (73g), is a publication devoted to the swine industry. Total pages. Pages of text.

16, or 25 per cent. Pages of display advertising -

18, or 75 per cent. A material portion of the matter included above as “text” is really “writeups" (textual advertising), which is considered to be the most effective kind of advertising.

White's Class Advertising, August, 1906 (73h), is published by White's Class Advertising Company, which agency can no doubt place advertisements in all publications whose advertisements appear in the exhibit in question. If that is the case, then this publication practically resolves itself into one huge advertisement of the White's Class Advertising Company. Total pages.

106 Pages of text

504, or 18 per cent. Pages of display advertising

J5), or 32 per cent. A material portion of the matter included above as "text" is really “writeups" (textual advertising), which is considered to be most effective kind of advertising

EXHIBIT 74.-The Cincinnati Standard (-1pril 21, 1906). Description.-A weekly newspaper consisting almost entirely of display advertisements. Most of the "text" is matter which is taken (reprinted) from other publications or is the so-called “ready-print" matter. What limit should there be to the amount of advertising which may be placed in a publication?

EXHIBIT 75.

75a. The Chicago Ledger (November 25, 1905).
75b. The Saturday Blade (February 3, 1906).
750. Hearst's American Home and Farm (April 19, 1906).
75d. The Rural Weekly.

Description.-The above are representative of a class of weekly papers of the so-called “ mail-order ” type. Being published weekly, they are mailable in the town in which they are published for delivery by the city letter carriers thereof at the pound rate of postage.

EXHIBIT 76. 76a. Comfort (August, 1906). 76b. Mail Order Monthly (March, 1906). 76c. The Magnet (February, 1905). 76d. Home Folks (September, 1906). 76e. Fireside Gem (June, 1906). 76f-1. Sunshine for Youth (September, 1906). 76f-2. The Illustrated Family Herald (April, 1906). 761-3. The People's Literary Companion (August, 1906). 761-4. Golden Moments (September, 1906). 76f-5. The National Farmer and Home Magazine (October, 1905). 769-1. The American Woman (December, 1905). 766-2. Good Stories (September, 1906). 760-3. Happy Hours (July, 1906). 769-4. Hearth and Home (October, 1905). 760-5. Vickery's Fireside Visitor (December, 1905). 76h-1. Fashion World (December, 1905). 76h-2. New Styles (August, 1906). 76h-3. Popular Fashions (November, 1905). 76h-4. Woman's Home Journal (November, 1905). 76i. Spare Moments (January, 1905). 76j. Enthusiasm (July, 1906). 76k. The Woman's Magazine (February, 1906). 761. The Clifton Monthly (November, 1905). 76m. The Home Queen (March, 1906). 76n. The American Home (November, 1905). 760. The American Nation (January, 1906). 76p. The Modern Priscilla (October, 1905). 769. The Ladies' Favorite Magazine (July, 1906). 76r. The Paragon Monthly (August, 1901). 76s. The Gentlewoman (April, 1902). 76t. The People's Popular Monthly (December, 1905). 76u. The Welcome Guest (February, 1906). 76v. The Ladies' Magazine (December, 1905).

Description.—All of the above monthly publications are of the so-called "mailorder” type, and illustrate the questions which arise in determining (1) whether these publications are “newspapers" or other “periodical publications” within the meaning of the law; (2) whether they are “devoted to literature” as required by law, or whether or not the text is not "literature" itself, being made up largely of stories, fiction, etc.; (3) whether or not they come within the clause of the statute prohibiting the admission as secondclass matter of publications “ designed primarily for advertising purposes."

An inquiry into the circulation of many would undoubtedly disclose a condition which would raise the question of the publication having a “ legitimate list of subscribers " and being designed for “free circulation ” or “circulation at nominal rates."

EXHIBIT 77. .

772-1. The New England IIomestead (February 10, 1906).
77a-2. The Orange Judd Farmer (February 10, 1906).
77a-3. American Agriculturist (February 10, 1906).
77b. Indiana Farmer (September 15, 1906).
770. Up-to-Date Farming (July 15, 1905).
77d. Farm and Home (October 1, 1905).
77e. The Farm Star (January 1, 1906).

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