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Manifestly a law, the terms of which require interpretation by an expert, can not be satisfactorily and equitably administered in the thousands of cases which are constantly arising at the various postoffices. This case (Ex. 90) illustrates the difficulty of determining, under existing law, what is and what is not a legal supplement.
91a-1. Supplement to The Pharmaceutical Era, July 25, 1901.
Description.—The first (91a-1) of the above issues shows a price list of druggists' sundries issued as a supplement. The second (91a-2) shows an issue published in two sections—one section (section 1) containing the news matter, and the other (seetion 2) containing the price-list matter which was formerly issued as a supplement. The third (91a-3) shows an issue of the publication in which the price-list matter is bound in with the news matter. The fourth (91a-4) shows the publisher returning to the idea of issuing the publication in sections (the news section has been inadvertently misplaced), section 1 being the cover section, section 2 the news section, and section 3 the price list.
This case illustrates the thing which is held to be not legal in a certain form coming back in another form.
IX. “ Provided, That nothing herein contained shall be so construed as to prohibit the insertion in periodicals of advertisements attached permanently to the same."
All advertisements in periodicals must be permanently attached thereto by binding, printing, pasting, or otherwise, and the sheets containing the same must be of the same size as the pages of the publication.
2. Advertisements printed on sheets exceeding the size of the regular pages are inadmissable, though folded to the size of the regular pages. (Sec. 461, P. L. & R.) Exhibits 92a to 92c, inclusive.
92a. The Grand Rapids Furniture Record, June, 1906.
Description.-- Between pages 32 and 35 is an advertisement twice the size of the other advertising pages in the publication.
92b. The Eff-Eff Magazine.
Description.-Between pages 54 and 55 of this publication is an advertise ment " tipped " in the publication on a piece of card board less than one-half the size of the usual pages of the publication.
92c. The Ecclesiastical Review, December, 1901.
Description.—The front cover of his publication is a flap which folds over, making the page larger than the other pages of the publication.
Cases of this kind are frequent and prove very troublesome. In view of the provisions of the postal regulations (section 461, Postal Laws and Regulations, edition of 1902) that the advertising pages of a publication must be of the same size as the other pages of a publication, and that advertisements printed on sheets exceeding in size the regular pages are inadmissible though folded to the size of the regular pages, what corrective action should be taken in the above instance, and what is the legal rate of postage in such cases?
X. “Addition to the original print.” (Exhibits 93 to 103, inclusive.)
* 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.” (Act of Jan. 20, 1888, chap. 2, 1 Supp., 577 R. S. 3886–section 462, Postal Laws and Regulations.)
EXHIBIT 93 93a. The Randall News, Randall, Kans., November 2, 1905. 93b. The Lane Pioneer News, Lane, S. Dak., June 21, 1906. 936. Hartford Times-IIerald, Hartford, Ala., June 9, 19905. 93d. The Weekly Advertiser, Elmira, X. Y., July 7, 1905. 93e. The Farmersville Times, Farmersville, Tex., May 6, 1905. 93f. The Wellsville Optic News, Wellsville, Mo., April 20, 1906. 93g. The Aurora Advertiser, Aurora, Mo., February 16, 1906. 93h. Breckenridge Telegram, Breckenridge, Minn., April 9, 1905. 93i. Saturday I'nion Record, St. Louis, Mo., June 9, 19906.
93j. Weekly Statistical Sugar Trade Journal, New York, X. Y., March 22, 1906.
Description.-All of the above publications contain advertisements on sheets sometimes printed on one side, or on both sides, or on yellow, green, or some other colored paper. There is some feature of each such sheet that raises the question whether or not it is, as a matter of fact, an integral part of the paper.
EXHIBIT 94. Los Angeles Examiner (March 5, 1905), with which was inclosed a so-called piastograph. (Copy of publication not given, but plastograph submitted.)
Description. This plastograph outfit consists of a colored illustration and a piece of cardboard with two holes cut through, over which is pasted pieces of colored isinglass. The illustration is to be looked at through this pair of spectacles.
EXHIBIT 95. 95a. General information (Sept. 1, 1902).
Description.-With a copy of this publication the publisher inclosed a blank money-order application (see p. 8).
EXHIBIT 96. 90a. Manhattan Mercury (May 10, 1905).
Description.--To this copy of the publication, in connection with an advertisement, was attached a folded illustration. When opened another illustration was disclosed.
966. Motor (July 19, 1906).
Description.-Between pages 56 and 57 of this publication the publisher attached a touring map of Long Island. It was understood that a map of a certain locality was to be inclosed and given away free with each issue of the publication,
EXHIBIT 97. 97a. Both Sides (June 14, 1906) Minneapolis, Minn.
Description.--Around the publication proper is thrown an eight-page cover consisting of advertisements.
97b. Wheelock's Weekly (December 14, 1906), Burgess Falls, Minn.
Description.--Around the (hristmas issue of this publication the publisher desired to place a four-page cover consisting of illustrations and advertisements like the exhibit submitted.
98a. Inland Architect and News Record (October, 1905).
Description. This publication consists of some text and 14 loose plates bearing illustrations of buildings. These plates are listed on page 36 of the publication under the caption “Our illustrations."
EXHIBIT 99. 99a. Sunday Magazine of New York Tribune (June 3, 1906). 99b. Sunday Magazine of Philadelphia Press (June 17, 1906).
Are the above copies of the Sunday Magazine integral parts of the publications with which they are identified or are they under the law additions to the original print unauthorized by law?
99c-99d. Copy of the Brooklyn Medical Journal (July, 1906), with which was issued a classified sanitarium directory (105d) as a section thereof.
Description.This classified sanitarium directory is a compilation by States of sanitariums, interspersed with illustrations. It appears to be a mere book. The publisher claims the right of sending this directory at the second-class rates by reason of his having designated it as a "section" of the issue.
99e-99f. A copy of the Financial Age (January 23, 1905), submitted to the Department as a “dummy," from which to obtain a ruling in regard to the section designated " Section two, Bank Statement Section " (99f), being accepted as a "section" of the publication.
Description. This “Bank Statement Section” is a compilation of official statements of the condition of all the national banks of New York City, as made by the Comptroller of the Currency. The publishers were prompted to ask this ruling because the Department had held that the alleged supplement to the publication in which form this bank statement had theretofore been issued was not a legal supplement under the law.
EXHIBIT 100. 100a. The Columbia Missouri Herald (June 15, 1906). 100b. The Missouri Farmers' Herald (June 15, 1906).
Description.-The Missouri Farmers. llerald is an independent publication which the publisher of The Columbia Missouri Herald desired to mail with that publication. Ile therefore designated The Missouri Farmers' Herald as “ Part Two" of The Columbia Missouri Ilerald.
101a-1. The Alabama Beacon (April 11, 1906).
Description. Both of the above papers contain a campaign section, circulated in the interest of Richmond Pearson IIobson, a then candidate for Congress. The subject-matter in each section is identical.
101c-1. The Maud Monitor (June 29, 1906), Maud, Okla.
101c-2. Four pages of ready-print matter furnished by the American Mutual Newspaper Association.
Description.-Four pages of this publication consist of ready-print matter furnished free by the American Mutual Newspaper Association. This same matter appeared with other publications. In this particular case the publisher failed to identify it as a “part" or "section ” of the paper, as is customary when this kind of matter is used.
101d-1. The Gastonian News (December 15, 1905). 101d-2. The Record (January 15, 1906).
Description.--A four-page insert, three pages of which are printed by J. Edgar Poag, a real-estate broker, is furnished to various country newspapers for circulation therewith. This sheet was included with the copy of the Gastonian News (101d-1) without being in any way identified therewith. Upon question being raised as to the right of the publisher to inclose such sheet with copies of the publication, Mr. Poag changed his practice by having his advertisement bear the title of the publication with which it was to be inclosed and of which it was designed as “ Part two." pages 9 to 12. For an illustration of this, see "he copy of the Record, Rockhill, s. C., for January 15, 1906 (Exhibit 101d-2).
Was the matter printed and furnished free by Mr. Poag an integral part of the publication with which it was issued in the manner shown by Exhibit 101d-1, or was it an addition to the original print not authorized by the law? And was it, by reason of merely being designated as a “part" or "section" of a publication, brought within the terms of the statute? This illustrates the devices to which a publisher or advertiser will resort in order to circulate advertising matter with the newspaper.
An envelope containing an exhibit of 22 pieces showing a variety of questions arising in determining what is and is not permissible under the terms of the existing statute in a subscription blank. Some of these were regarded as within the requirements of the law, others were not.
102a-1. Grain Jan's Guide.
An envelope containing exhibits of pages from 12 different publications containing coupons. These coupons are furnished in connection with advertisements for the purpose of being detached and sent back to the advertiser with a message. They are the equivalent of letter sheets. The existing law requires that all advertisements in periodicals be permanently attached to the same.
XI. “ Enlarged editions." (Not provided for by law.) (Exhibits 104 to 105 inclusive.)
104a-1. The West Coast Trade, Tacoma, Wash. (January 1, 1906); fourteenth annual number).
104a-2. The West Coast Trade (January 4, 1906).
Description.--The January 4 issue (104a-2) shows this publication as it is ordinarily issued. The January 1st issue (104a-1) shows an enlarged issue, consisting of display advertisements and “write-ups” (textual advertising) and illustrations of Tacoma.
1046–1. Tobacco (May 3, 1906). 104b2. Tobacco (May 10, 1906).
Description.—The May 3 issue (104b-1) shows the publication as it usually appears. The May 10 issue (104b-2) shows an enlarged number of the publication, consisting largely of display advertisements and advertisements in the nature of " write ups."
104c-1. Bonfort's Wine and Spirit Circular (December 25, 1904). 1040-2. Bonfort's Wine and Spirit Circular (January 10, 1905).
The questions to be decided in each of the above cases are: (1) Is the enlarged number a real issue of the publication? (2) If the enlarged number is regarded as being in fact an issue of the publication, is it designed for advertising purposes and should copies thereof be accepted for mailing as bona fide sample copies of the publication ? (3) Are such copies fairly representative samples of regular issues?
105a-1. The Youth's ('ompanion, October 26, 1905. (Regular edition.) 105a-2. The Youth's ('ompanion, October 19, 1905. (Enlarged edition.)
Description.-The October 26, 1905, issue (105a-1) is fairly representative of the publication as it usually appears. This matter is made up as follows: Total pages. Pages of text and illustrations
11 Pages of general display advertising
The October 19, 1905, issue (105a-2) is an enlarged edition, made up as follows: Total pages. Pages of text and illustrations.. Pages of display advertising Pages of publishers' advertising
A comparison of the two issues results as follows: In the regular issue the text comprises 11 pages and advertising 5 pages, or 31 per cent of the whole issue, while in the enlarged premium-list issue the text has been reduced to i pages, the advertising increased to 15 pages, or 86 per cent of the whole issue, and of these 15 pages of advertising 81 per cent is advertising of the publisher concerning his premium list. This advertising of the publisher's business, which constitutes 84 per cent of the total advertising in the issue, would, if sent otherwise than in the publication, pay at least 8 cents a pound, but by including such matter in the publication it is carried at a cent a pound.
The same questions arise in this case (105a-1 and a-2) as in 104. This case is a good illustration of how it is possible for a publisher by reason of his being a publisher to circulate his advertising matter at the rate of 1 cent a pound, whereas another citizen would have to pay at least 8 cents a pound.
105b-1. The Bulletin, Nashville, Tenn., February, 1906. 105b-2. The Bulletin, Nashville, Tenn., July, 1906.
Description.—The February, 1906, issue of the publication (105b-1) is fairly representative of the publication as it regularly appears. The July, 1906, issue (105h-2) is an enlarged edition consisting of the by-laws and constitution of the society publishing the publication, and a list of the officers and members thereof. The constitution and list comprise 164 pages, or 90 per cent of the whole.
The reason for publishing this constitution and list of members is fully set forth on page 2 (inside the front cover of 105b-2) of the publication. One of the main reasons is stated as follows:
" That if the book is to be kept in the desk of the member or carried in his gripsack, it may as well be printed of the size of The Bulletin and sent out at the pound rate of postage."
This matter was heretofore sent out in book form at the third-class rate. By binding it in the publication the publisher is enabled to mail it at the pound rate.
Substantially the same questions as arise in previous case must be determined; this case illustrates particularly how a publisher (a society) by reason of his being such, has the privilege of circulating a directory of the membership of a society at the pound rate of postage.
XII. Merchandise in Periodicals. (Exhibits 106–a to 106-e, inclusive. )
EXHIBIT 106. 106a. St. Paul Trade Journal, St. Paul, Minn., December 9, 1905. (See page 12.)
106b. Walden's Stationer and Printer, September 11, 1905. (See page 29.)