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77f. Farm and Fireside (October 1, 1905).
Description.—The above are papers devoted to agricultural interests, and are of the so-called "mail-order" type. They illustrate the questions which arise in determining whether the publications come within the clause of the statute prohibiting the admission of publications “ designed primarily for advertising purposes, or for free circulation or for circulation at nominal rates."
EXHIBIT 78. 78a. Woman's Ideal Magazine (March 1, 1905). 78b. Woman's Ideal Magazine (April, 1905). 786. Woman's Ideal Magazine (May, 1905). 78d. Woman's Ideal Magazine (December, 1905).
Description. Application for admission of this publication was made, and a copy of the March 1, 1905, issue (78a) submitted therewith. Action in the case was, owing to the character of the publication, delayed for the purpose of procuring copies of the two following issues (78b and 78c). After admission was granted the attention of the Department was called to the change in the character of the publication, as shown by the December, 1905, issue (780). This case illustrates how a publisher will issue more attractive copies of his publication than it is his intention to continue to issue after the publication gains admission as second-class matter. It is understood that as soon as this publication was admitted as second-class matter the paper took on the character shown by exhibit 78d, which is distinctly of the “ mail-order" type.
79a. Ainslee's Magazine (October, 1906).
Upon the front cover of each of the above publications appears a brief analysis made from a cursory examination of the contents.
Description. These publications illustrate the questions which arise in de termining (1) whether or not they are “periodical publications ” within the meaning of the law, (2) whether they are “ devoted to literature," 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 second-class matter of publications “designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates." VIII. - Publishers
* * 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 * * ." (Exhibits 80 to 91, inclusive.)
EXHIBIT 80. 80a. “Cut-out" supplement to “Ilearst's (Chicago Sunday American" (April 1, 1906).
Sob. ('ut-out" picture issued as a supplement to The New York Sunday Sun (January 15, 1905).
80b-1. A part of supplement sob. 805-2. Used the same as sob-1. Sob-3. C'sed the same as 80b-1.
80C. A comic supplement to the "Sunday Tribune" (August 27, 1905), Minneapolis, Minn. (“ ('ut-out" pictures at bottom of page 4.)
Description.-All of the above alleged supplements contain so-called “cut-out" matter.
Exhibit 81.---Reproductions of drarrings by (harles Dana Gibson, artist. 81a, 81b, 810, 81d, 81e, 81f, and 81g.
Description.—All of the above exhibits are reproductions of drawings by Charles Dana Gibson, which were issued as supplements to various newspapers. The article which the picture is supposed to supplement is attached to each picture with the exception of Exhibit 81g (the Daily Times Recorder, June 30, 1906, Zanesville, Ohio). The article which should have appeared in the paper and which the picture was intended to illustrate was, according to the publisher, inadvertently omitted. These illustrate how a publisher who is desirous of giving away a picture can accomplish his purpose by placing an article in his paper upon the subject of art, which can be so written as to allow the picture which he desires to present to his subscriber being construed as illustrating the article, and therefore necessary to complete the publication. The question as to the legality of these supplements can only be determined by carefully reading the article which the picture is alleged to illustrate, care being used not to confound an article which is merely descriptive of the picture with an article which is upon a subject and the picture is necessary to complete the article. In such a case as that of Exhibit 81g (the Daily Times Recorder), where the article which the picture was intended to illustrate was inadvertently omitted, what action should have been taken?
EXHIBIT 82. 82a. St. Louis Globe-Democrat. 82b. Supplement to the St. Louis Globe-Democrat (April 29, 1906). 82c. Pittsburg Leader (April 27, 1906).
Description.-Similar in character to the exhibits under 81, except that the drawings are those of a different artist. The remarks in regard to exhibits under 81 apply equally in these cases.
EXHIBIT 83.—The Sunday Mining Gazette (February 4, 1906). Description.- A copy of the February 4, 1906, issue of the publication in which appears an article on Thomas F. ('ole. There was issued therewith a picture of Mr. Cole which appears to fairly come within the requirement of the law as to supplements. IIowerer, the technical requirements of the law might be regarded as being as clearly met in the cases of Exhibits 81 and 82 as in this case.
84a. An alleged supplement to " Rocheport's Paper.”
Description.--This sheet is printed on one side in red ink, and consists entirely of a single advertisement in poster form, with the exception of six two-line local items running across the bottom of the page. The publisher claimed this to be a legal supplement inasmuch as the local items in question were necessary to complete the paper.
81b. Supplement to the Marion Star (July 11, 1905).
Description.-A poster printed on one side only and consisting of a single advertisement. The publisher, on account of a column of ready-print matter consisting of alleged news and some jokes, claimed that the sheet was necessary to complete the publication, and was, therefore, a legal supplement.
846. Supplement to Bryan Independent (Saturday, November 18, 1905).
Description. A poster printed on one side of a sheet much smaller than the regular pages of the publication and containing several advertisements of local merchants, together with a few local and personal items. The publisher claimed this to be a legal supplement and necessary to complete the publication.
81d. Supplement to The Observer.
Description.-A poster printed on one side on paper of a different size and quality than the regular pages of the publication and consisting of “write ups” and advertisements of certain banking institutions. The publisher claimed it to be necessary to complete the publication, and therefore a legal supplement.
85a. Supplement to The Sun, Baltimore, Md. (December 26, 1904).
Description.-A poster printed on one side, consisting of a calendar for the year 1905. It has been the custom of the publisher to issue such a calendar for years. When the question was raised in regard to its being a legal supplement, the publisher issued the same matter as a "section" of the paper. This illustrates how a thing that was held not to be a legal supplement can still be circulated with copies of the paper by designating the same a “part” or “section" of the paper, a device to avoid the higher rate of postage.
85b. Supplement to Der Democrat, Davenport, Iowa.
Description.-A poster printed on one side on highly calendered paper and consisting of illustrations and a calendar.
85C. Supplement to the Westbote.
Description.-A poster printed on one side, consisting of an illustration, a poem, and a calendar.
85d. Supplement to the Indiahoma Union Signal.
Description.-A poster printed on one side and consisting of "An Appeal to the American People."
86a. Supplement to The Appeal, Jersey City, N. J.
Description.—Containing advertisements on the outside pages and a piece of music, “'Tis but a Faded Flower," on the inside.
86b. Supplement to the Gibson City Enterprise.
Description. Consisting of a four-page advertisement of the Kankakee District fair and giving certain information in regard to the fair.
86c. Supplement to the Aurora Sun. Description. Being an advertisement of a real-estate dealer of Nelson, Nebr. 86d. Supplement to the Warren Review, Williamsport, Ind.
Description. Consisting of a page of ready-printed matter, and on the reverse side a full-page advertisement of the Boston store of that place. This supplement was printed elsewhere than at the publication office of the paper and was furnished the publisher for circulation with his paper. The sheet is of a different size from the regular pages of the publication, and it might therefore seem that the ready-print matter was placed in this sheet to give what was in fact a mere advertisement the appearance of a supplement for the purpose of avoiding the higher rate of postage to which the advertisement would have been subject had it been sent in the mails by the advertiser.
EXHIBIT 87. 87a. Supplement to the April, 1905, issue of The Vehicle Dealer.
Description.—The publisher describes this book as a “Manufacturers' Vehicle Encyclopædia for new styles, 1905," and it is that in substance, being an illustrated advertising catalogue of buggies, wagons, etc. (For a copy of the complete exhibit issue see Exhibit 14b-1.)
87b. Supplement to the Democrat, Atlantic, Iowa, 1904.
Decsription. The publisher of The Democrat desired to mail this, which is a book of illustrations and “write ups" of Cass County, as a supplement to his paper.
87c-1. The Log Cabin, November 11, 1905. 87c-2. Souvenir supplement to the above.
Description. This supplement consists, in the terms of the publisher, of an "illustrated history of Cynthiana and Harrison County, sketches and pictures of various enterprises, churches, public buildings, street scenes, landscapes, attractive women, prominent citizens, public officials, beautiful horses, etc."
88a. Supplement to the September, 1903, issue of the Journal of the American Chemical Society.
Description.—This supplement is a " directory” of the membership of the society.
886-1. The Boston Medical and Surgical Journal.
886-2. The Blue Book of Information, supplement to The Boston Medical and Surgical Journal, May 31, 1906.
Description.—The supplement in this case is, according to the statements of the publishers on page 639 of the May 31, 1906, issue, “to afford the visiting members of the association a quick and easy method of securing such information as they may need regarding those in authority in the various departments of the general organization."
88c. Supplement to the June 2, 1905, issue of the Democrat, Savannah, Mo.
Description.—This book is the annual financial statement of the receipts and expenditures, etc., of Andrew County, Mo., for the fiscal year ending April 30, 1905, compiled by E. E. Zimmerman, county clerk, and issued as a supplement to the publication mentioned above.
88d. The Young Ladies' Journal, September, 1906.
Description. With this number five supplements are issued, four of which (88d-1, 88d-2, 88d-3, and 88d-4) are loose sheets illustrating styles, and the fifth (88d-5), an apparently distinct and separate publication, containing matter relating to current fashions and patterns.
88e. The American Furrier, June, 1904.
Description.--This publication contains several plates issued as alleged supplements. On pages 51, 53, 54, and 55 will be found miniature “ reproductions” on sheets bound in as pages of the publication. The plates therefore are enlargements of illustrations bound in the publication. In connection with this exhibit see also 43a, 43b, and 43c, and the remarks in regard thereto.
88f. The Muhlenberg News, July 14, 1905. 88f-1. Supplement to tlie above.
Description. This alleged supplement is a little advertising dodger usually circulated free by banking institutions to encourage the public to maintain bank deposits, and consists of a little literary matter and some advertising. This particular issue was no doubt circulated as a supplement to this newspaper at the instance of the IIome Deposit Bank of Central City, Ky., whose advertisement appears at the bottom of page 8. 88g. Supplement to the February 4, 1905, issue of the Sunny South.
Description. The supplement is a prospectus for 1905 of the Metropolitan Magazine, of New York, N. Y., and was no doubt printed and furnished by the Metropolitan Magazine ('ompany.
88h-1. The Mercury, Weimer, Fla., March 17, 1906. 88h-2. Supplement to the above.
Description. The supplement in question is a poster printed on one side, containing an advertisement of Doctor Kent, an eye specialist, and at the bottom a couple of short news items. Circulars similar to this were circulated with other publications at the instance of Doctor Kent.
88i-1. The Times Review, Mount Pleasant, Tex., May 18, 1906. 881–2. Supplement to the above.
Description.-This alleged supplement consists of a speech of Thomas M. Campbell, candidate for governor of Texas. It was furnished to numerous newspapers in Texas for distribution therewith as a supplement thereto.
88j-1, The Weekly Enterprise, May 31, 1906.
Description. These publications contain as a supplement a copy of a speech by 0. B. Colquitt, a candidate for governor of Texas, and were probably furnished free for circulation with these publications. In the case of The Weekly Enterprise this matter was issued as a supplement. In the case of the Corsicana Democrat and Truth it was issued as a page of the paper.
88k-1. The Centerville Daily Citizen, April 6, 1906. 88k-2. Supplement to the above.
Description. This supplement contains a speech by Secretary Shaw and certain ready-print matter to fill in the space not used. It was printed by the publisher of the Centerville Daily Citizen and was used only as a supplement to that publication.
89a-1. The Independent, June 8, 1905.
Description. The matter in the supplement to the June 8 issue is the laws of the State of Maine, the supplement (89a-2) being in newspaper form except that the sheets are larger than the regular pages of the publication. The supplement (89a-4) to the issue of October 5, 1903, contains the public acts and resolves of the State of New Hampshire and is printed in the form of a book or pamphlet.
89b-1. The Harford Democrat, May 4, 1906. 89b-2. Supplement thereto.
Description.-The supplement to this publication contains certain of the general laws of the State of Maryland and some ready-print matter, which is used as a “filler.” On page 2 of the publication proper the publisher has printed the first two lines of the public act and has there stated that the matter was continued in the supplement. Not only is the matter continued as stated, but the first two lines appearing in the publication proper are reproduced in the supplement. The publisher claimed that by having these two lines in the copy of the publication it was manifest that the " supplement” was necessary to complete that issue.
90a-1. A page of the May, 1906, issue of Machinery, on which reference is made to a “ data sheet" (90a-2) which was issued as a supplement to the issue.
90a-2. Data sheet referred to.
Description.-90a-3, 90a-4, and 90a-5 show the changes made by the publisher in order to bring the “ data sheet" within the requirements of the law as to supplements. In connection with 90a-5 see the article which was prepared for the purpose of carrying as a supplement to the publication the data sheet" to which it refers, which article it was proposed to insert in the publication. The publishers desired to furnish "data sheets," and they kept at this Department until they found a way to do it. The repeated submission of the “ data sheets," each slightly changed from the previous sheet, illustrates the practice of publishers of submitting again and again certain matter for the purpose of enabling them to mail the same with their publications at the second-class rates, such changes having been made before resubmission in the thing previously submitted as will in their opinion bring the matter which they desire to circulate barely within the requirements of the law.