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and yet they run from 50 to 70 pages, and you can balance up the other stuff put in as text against the advertising.
Here is the New York American for September 9. These fexhibiting sheet music (Exhibit 14dd-1a) and the so-called “comic section (Exhibit 14d-1b)] are some things that the publisher puts in an parts of the paper. I think he calls them sections. They are listed in the table of contents. Aside from the question of advertising here is the question of whether these are a part of the original print and a part of the newspaper entitled to be mailed by the pubÎisher at a cent a pound when every other citizen would be required to pay 8 cents a pound.
This sheet music is put in as a section. It is ready to be used on the piano, the same as any other music, and if any other citizen desired to distribute that in the mails he would have to pay 8 cents a pound, but the publisher puts that in as a section of his newspaper and gets it at a cent a pound.
This so-called “ funny matter" (Exhibit 14d-1b), if I am correctly informed, is printed at a central office and distributed around to the various newspapers which carry it, and against that matter, the advertising matter may be balanced, if we go on the 50 per cent limit of advertising against 50 per cent of the text. What is true of the New York American—that happens to be the first we took-is true of the New York World (Exhibit 1te), except, perhaps, some slight variation. Here is the funny-page matter (Exhibit 14e-1) and a magazine section (Exhibit 110_2).
An interesting item in connection with that is this: We rule books out of the second class because they are in the form of books, and here, if I am correct, is part of a continued story (Exhibit 11e-3). There is no similarity in form, but it is run in as a section of the Sunday World's series of new novels by various authors. If that were in book form, bound a little more handily, we would rule it out as a book.
The CHAIRMAN. Have you made any rulings on these daily papers?
Mr. Madden. Yes, sir. We will come to that in just a few minutes. As I said before, we will analyze any one of these for you, if you desire it, as to the proportion of advertising to text.
This statute contains the following provision: Publishers of matter of the second class may, without subjecting it to extra postage, fold within their regular issues a supplement; but in all cases the added matter must be germane to the publication which it supplements; that is to say, matter supplied in order to complete that to which it is added or supplemented, but omitted from the regular issue for want of space, time, or greater convenience, which supplement must in every case be issued with the publication.
That paragraph is the only part of this statute which gives any real idea of the intent of Congress. It prescribes that the matter must be germane, and that it must be supplied in order to complete that to which it is added or supplemented, but omitted from the regular issue for want of space, time, or greater convenience. A better understanding of what the publishers did, until recently, conceive to be their rights under this provision is best told by the exhibits. They will tell also the present practice. The Department does now prohibit the inclusion in newspapers as alleged supplements the following articles:
Calendars, sheet music, patterns, blocks of post cards, series of cut-out animal pictures, animal masks, plastographs, cut-out dolls, soldiers and naval
vessels, circulars, cardboard spectacles, sheets containing disks of soluble paint to be used in coloring outline drawings, etc. Publishers, however, still manage to include some of the articles under the device of calling them “ sections" to the main paper instead of supplements.
We have had an illustration of a sheet of music made up as a part of a newspaper. Now we have as a section what was formerly a supplement—a block of post cards (Exhibit 15a). This was formerly ruled out as a supplement. I have some exhibits on this line that will be interesting.
Here are some of the things that were issued as supplements [exhibitingl. I do not know what to call these, Mr. Chairman, but they came as supplements. This one (Exhibit 15b) is practically a circular communication with a post card at the bottom of it to be cut off.
This is a publication called Berean Leaf Cluster (Exhibit 15c). It was issued as a supplement first to this publication (Exhibit 15c-1). When it was found that the tail wagged the dog the publisher changed it around and called that (Exhibit 15c-1) a supplement to this (Exhibit 13c). It is serving a very good purpose. If I were to express my personal inclination, I would rather give secondclass rates to a publication of that kind than to some of the others we are required to pass in.
Ilere is a publication issued in sections. This is volume 23, No. 4. of the “ Sunday School Superintendent and Bible Lesson Pictures (Exhibit 15d). There are any number of those, and sometimes they take that form.
Manifestly a supplement is something which should not be complete in itself, but rather serves to complete something else. Here is a good illustration. This (Exhibit 14b-1) in my right hand is a supplement to that (Exhibit 14b-2) in my left hand. The supplement is larger, and it is one continuous advertisement. It is the Vehicle Dealer, previously referred to. Here is a newspaper and here is its supplement. The title of the paper is the Centralia Daily Sentinel for Saturday, January 16, 1904 ( Exhibit 15e). This is issued as a supplement to it, and is called the Illustrated Centralia (Exhibit 15e-1). It is a write up of the town and probably very valuable information concerning the place. It is larger than the paper.
I have here a sample of wall paper (Exhibit 15f) issued as a supplement to the New Era, and here is another illustration of a wallpaper supplement (Exhibit 15f-1).
The CHAIRMAN. What do you mean by wall paper, Mr. Madden? Mr. Madden. They are samples of patterns of wall paper. Some of these, you know, are very creditable things. The whole question is whether a publisher, under any device whatever, is entitled to mail merchandise like these things and printed matter which is not in any sense a part of the paper at second-class rates.
Senator Carter. Do you feel constrained, under existing laws, to admit that wall paper as a supplement as second-class matter?
Mr. MADDEN. No; not now.
Mr. Madden. Yes, sir; but the trouble is it is put into a paper and gets through. The first we know of it is that some postmaster finds it at the point of delivery and calls the attention of the Department to the violation of the law. If we make an investigation the publisher says, “ I have done that several years. I did not know it was wrong.
Senator Carter. What penalty attaches to the publication?
Mr. MADDEN. The matter has gone through the mail and we can not attach any penalty.
Senator CARTER. The law is infirm in that respect.
Mr. MADDEN. Yes, we can not attach any penalty because it is our business to examine it at the post-office and demand a regular rate. We can not investigate every paper that comes through the mail. It is physically impossible. The penalty is really on the postmaster. The law makes him liable for the legal rate of postage whether he collects it or whether he does not collect it.
Representative OVERSTREET. When it is folded in a newspaper it probably escapes the notice of the postmaster?
Mr. MADDEN. Yes: postmasters do not have time to look through every paper that comes in, and of course we are not expecting that. Sometimes such things get through and we never know it at all. I have a copy of the Forest City Times, of Forest City, Ark., May 18, 1906 (Exhibit 15g). This pamphlet was issued as a supplement to it, called the Art Supplement to the Forest City Times (Exhibit 15g-1). It is a very creditable thing, perhaps, but the question is whether it is a supplement.
The CHAIRMAN. It is an advertisement, is it not, Mr. Madden?
Mr. MADDEN. It is a write up of Forest City; yes, sir. It is substantially an advertisement, yes.
Senator CARTER. Advertising town lots for sale, probably.
Mr. MADDEN. Here is a calendar (Exhibit 15h) issued in attractive form by the Michigan Volksblatt, of Detroit, Mich. It is a 1903 calendar issued as a supplement. It is to be posted on the wall.
Here is one in a little different form issued by the Owego Times as a supplement (Exhibit 15i). Anybody but a publisher would have to pay 8 cents a pound on this, but the publisher gets it through for a cent a pound.
Senator CARTER. Are they not inserted surreptitiously and in violation of the law?
Mr. Madden. We are never able to prove that. They may be, but we never assume it unless we can prove it, and it is a very difficult thing to prove. The publisher says he has been doing it for years, and he undoubtedly has. Our force does not cover the field sufficiently. We have not eyes and ears and arms enough to execute the law,
I have here what I regard as a very excellent illustration of what I stated a while ago, that abuses ruled out get back in another form. This publication is the Financial and Commercial Chronicle, New York (Exhibit 15k). It is the issue of September 6, 1902. It was formerly issued with what they call the Bank Quotations Supplement (Exhibit 15k-1). The Department held that they were independent publications and not supplements and annuals in their character, and the publisher met the situation by a folder like that (Exhibit 15k-2), inclosing section 2 (Exhibit 15k-3) and section 3 (Exhibit 15k-4) of the publication. It is the same thing. It comes back in another form.
Going back for a few moments to the question of what is a newspaper or a periodical, I am reminded that I overlooked some things brought here.
Here is a copy of a publication called the Berean Lesson Pictures, published in New York (Exhibit 6b). It is a quarterly, published in 13 parts. Each part is a card having on one side the technical indicia of a periodical publication, such as title, periodicity of issue, etc., and certain printed matter, and on the reverse side the golden text and illustration thereof in colors. They are for use in Sunday schools. They are for a good purpose. But the question is whether that [exhibiting] is an issue of a newspaper. The peculiarity of them is that they are weekly publications, that at least each separate card represents a week. They are sent out in advance and are for use in the Sunday schools, where they do good work, no doubt, on the particular weeks to which they apply. They are called weekly publications, and would be entitled under the law to the cent-a-pound rate for city delivery, where another publication would be a cent apiece or 2 cents apiece, according to whether it is a newspaper or a periodical, weighing over 2 ounces.
There is a multitude of these things, and it is unnecessary to refer to them specifically in each case.
The following is a provision of that statute: That publications of the second class, one copy to each actual subscriber residing in the county where the same are printed, in whole or in part, and published, shall go free through the mails, but the same shall not be delivered at letter-carrier offices or distributed by carriers, unless postage is paid thereon at the rate prescribed in section thirteen of this act (the cent-a-pound rate): Provided, That the rate of postage on newspapers, excepting weeklies, and periodicals not exceeding two ounces in weight, when the same are deposited in a letter-carrier office for delivery by it carriers, shall be uniform at one cent each, periodicals weighing more than two ounces shall be subject, when delivered by such carriers, to a postage of two cents each, and these rates shall be prepaid by stamps affixed.
This paragraph provides that one copy of each publication admitted to the second class may be carried free of postage to each actual subscriber residing in the county where the same is printed, in whole or in part, and published; but delivery thereof at letter-carrier offices, or distribution by carriers unless postage is prepaid at a cent a pound, is prohibited. It provides also that newspapers addressed . for local delivery by carriers, excepting weeklies, shall be paid at the uniform rate of 1 cent apiece, regardless of weight, and for periodicals addressed for local delivery 1 cent each if not over 2 ounces, and 2 cents if over 2 ounces, regardless of how much more than 2 ounces a copy may weigh.
I venture the assertion that under no reasonable construction of what constitutes an actual subscriber would it be found, if we should make an investigation to-day, that more than one-half, perhaps not one-third, of all the copies of all the publications now carried free under this provision are lawfully entitled to the privilege. The manifold devices for getting and keeping a name on the subscription list forever could not be enumerated without consuming too much time. The Department is powerless to really enforce this provision, because it has not one-tenth of the force which would be necessary in the course of administration to make the inquiries from day to day in the individual cases.
To get the benefit of this free rate a publication must be printed in whole or in part, and published in the county. Whatever may
have been the intent of this provision, there are many cases where there is only a technical compliance. The greater parts of very many of the newspapers circulated in the mails under this free provision are printed in one central office located in some large city. Copies are sent by express or freight to local points. There some additional matter is printed upon them and they are given a name peculiar to that locality. In effect it is one great publication split up under many different titles and scattered broadcast. By that process it comes into the mails from many alleged publishers free of postage, whereas if mailed by the real publisher from the central office at least 1 cent a pound would be required upon all copies except those circulated in one county. The exhibits will make this plain.
Under this provision weeklies are excepted from the requirements of being paid by stamps affixed on the copies addressed for local delivery by carrier. A semiweekly is published in a certain city, When the copies are addressed for local-carrier delivery they are required to be paid at 1 cent apiece by stamps affixed. The publisher ascertains that if his semiweekly were transformed into two weeklies he would be charged only a cent a pound in money on the local copies regardless of the number in a pound. So one semiweekly develops into two weeklies, and the Government loses its lawful revenue from what is really a semiweekly. The same is true of triweeklies. Out of one three are made for the advantage it is in postage rates. At every turn the Government loses.
Here is a paper that is a semiweekly in fact. It comes out under two titles, the Valley Times (Exhibit i6a) and the Kittanning Times (Exhibit 16b), published at Kittanning, Pa. The issues are dated March 9 and March 13.
Representative OVERSTREET. That is from one publisher, is it?
Mr. MADDEN. One publisher. It is just a question of the rate. It is a cent apiece if it comes out as a semiweekly, and it is a cent a pound if it comes out as a weekly. So two weeklies are cheaper than one semiweekly.
Another case is that of the Ottawa Weekly Journal, published at Ottawa, Kans. The issue is January 12, 1905 (Exhibit 16c), and the same paper comes out January 15 under the title of Ottawa Independent. (Exhibit 16d.)
The CHAIRMAN. Are these cases you are submitting to us those on which you have ruled and excluded from the privilege of secondclass mail matter?
Mr. MADDEN. No, sir; we are not attempting to give you the rulings on individual cases. I am endeavoring to show that this law is unworkable; that publications get in somehow and get the benefit of the cheap rates for matter that is not entitled to that favor.
One other question along this line is that of the legal rate. The law provides for newspapers and periodicals, and it says that one rate shall be charged for a newspaper and a different rate for a periodical when addressed for local delivery. Weekly newspapers have the cent-a-pound rate for local delivery, and it becomes necessary frequently to determine whether a publication like the Saturday Evening Post (Exhibit 16e) is a newspaper or a periodical. What is the rate if it did not have a cent-a-pond rate-if it were anything but a weekly? It is one rate if a newspaper; another if a periodical.