under the auspices thereof are provided for. The bill in this respect needs correction. 66 On page 1, lines 10 and 11, a clause has been inserted, reading as follows: or by a regularly established state institution of learning supported in whole or in part by public taxation." This is an extension of the present law (act of July 16, 1894), more far-reaching, possibly, than the authors of the measure anticipate, and is too indefinite for retention in the bill in its present form. What is meant by "a regularly established state institution of learning?" Does that term comprehend merely those institutions which are directly and exclusively operated and controlled by the State in its educational interests? If this is the proper interpretation to be given the clause, no particular exception thereto is made, owing to the very small number of institutions likely to be benefited thereby, except, of course, the general opposition to placing any additional and expensive burdens on the postal service. But in this connection attention is invited to the fact that there are being eliminated from the favor of this bill the almost numberless county and city schools, undoubtedly regarded by many, from an educational standpoint, as equally meritorious and deserving, if not more so, than the purely state institutions. If, however, the term "a regularly established state institution of learning" is intended to embrace all the regularly established institutions of learning located in a State, and supported in whole or in part by public taxation, the amendment should not be retained because of the heavy additional burden to which the department would be subjected. Indeed, not only could every municipal and county public-school system or individual school have its publications entered as second-class matter, but there are many instances where private profit-sharing institutions of learning are receiving more or less of state, county, or city aid, and would thus fall within the provisions of the statute. In weighing this proposed law not only the number of the institutions of learning now supported in whole or in part by public taxation should be reckoned with, but consideration should also be given to the possibility of private institutions of learning of a profit-sharing nature, particularly those of an influential character, making efforts to induce state, municipal, or county aid primarily for the purpose of obtaining the benefit of the second-class rate. On page 2, lines 6-16, appears the following: And such periodical publications, issued by benevolent or fraternal societies or orders, trades unions, strictly professional, literary, historical, or scientific societies, shall have the right to carry advertising matter, whether such matter pertains to such benevolent or fraternal societies or orders, trades unions, strictly professional, literary, historical, or scientific societies, or to other persons, institutions, or concerns; but such periodical publications, hereby permitted to carry advertising matter, must not be designed primarily for advertising purposes, and shall be originated and published to further their own objects and purposes, respectively. This is an effort to extend the present law (act of July 16, 1894) so that the publications affected shall have the right to carry general advertising matter that is, matter carried as paid advertisements promotive of the interests of others than those connected with such societies or institutions. But in endeavoring to accomplish this, the framers of the bill have overlooked the fact that one of the provisions is seemingly nullified by the other. For instance, how can a publication "originated and published to further their own objects and purposes" ("their own" being assumed to relate to the society, although this matter is discussed later on) be other than "designed or published primarily for advertising purposes?" So that, on the one hand, the papers are compelled to be of an advertising ("to further their own objects and purposes") character; and, on the other, they are not ("must not be designed or published primarily for advertising purposes") to be of such character. If this measure were enacted into law, it is possible that the real intent of the Congress could be ascertained, but manifestly not without great doubt as to the entire correctness of any view that might be taken. It at least seems desirable that this ambiguity should be removed. * Referring to the provisions (page 2, lines 12-16), reading "but such periodical publications * shall be originated and published to further their own objects and purposes, respectively," the question arises, is the phrase "to further their own objects and purposes" intended to refer to the "periodical publications" themselves, or to the objects and purposes of the societies publishing the same? I take it the latter was contemplated, and it is suggested that point be made clear. On page 2, lines 20 et seq. read as follows: Provided, That the circulation through the mails of periodical publications, issued by benevolent or fraternal societies or orders, or by trades unions, strictly professional, literary, historical, or scientific societies, as second-class matter, shall be limited to copies mailed to members, exchanges, and bona fide subscribers, together with ten per centum of such circulation in addition as sample copies. In relation to the recognition of members of fraternal societies, etc., as subscribers to the official publications thereof, I desire to invite particular attention to my remarks to Congressman Weeks in commenting on the original Dodds bill (H. R. 17543) as follows: It seems that the publishers, from their testimony before your committee, are laboring under the belief that they are being discriminated against by the department with reference to the act of March 3, 1879, and their appearance before you is stated to be to obtain for them certain rights which the ordinary publishers enjoy, but which these fraternal publishers do not enjoy. The fact is, as has been shown in Exhibit F, that for several years prior to 1909 the ordinary publisher had just cause for complaint, because of the extension of the privileges of the act of March 3, 1879, to publishers of publications specially provided for in the act of July 16, 1894, without the necessity of meeting the requirements of the former in respect of a "legitimate list of subscribers." The present agitation arises by reason of the department now requiring the fraternal publishers to meet the same requirements that are met by publishers whose publications are entered under the act of March 3, 1879. Consequently, if fraternal organizations can not meet these requirements they still have a preferential privilege of entry under the act of July 16, 1894, which is not open to ordinary publishers. The essence of the act of March 3, 1879, is that the publisher may not mail a copy of his publication to a person unless there is the actual demand from a subscriber thereto. Hence the right of a publication to entry under that act is entirely dependent upon a demand for the publication from a buying public, thus adhering to the fundamental principle of supply and demand. If the desires of the publishers whose publications are now entitled to entry under the act of July 16, 1894, are met, all of the above-mentioned restrictions of the act of March 3, 1879, which ordinary publishers are compelled to meet are wholly removed. I question the wisdom of taking out of the hands and substantial control of the individual American citizen the right now enjoyed by him to determine whether he shall or shall not be a subscriber to a publication independent of a society membership. Occasionally organizations are split into opposing factions, resulting in the members of one faction desiring to rid themselves of receiving the official publication. In addition to the above, I desire to add that instead of the organization publishers being discriminated against in the application of the act of March 3, 1879, as alleged by them, they have at all times been entitled to and have received the benefit of every privilege conferred by that statute the same as any other class of publishers. What the organization publishers appear to desire seems to be, therefore, not the same privileges as are accorded all other publishers under the act of March 3, 1879, but to secure a distinct advantage over other publishers by being specially exempted from the same compliance with the provisions of that act which uniform and equitable interpretation demands of all publishers alike. In other words, they are seeking the benefits of both the act of March 3, 1879, and the act of July 16, 1894, without the necessity of meeting the restrictions of either. I question whether the desires of the organizations pressing for the passage of this bill, to have the privilege of mailing at the cent-apound rate of postage copies of their official publications carrying general advertising matter to members who do not pay for the publications as such, but merely pay dues into the society, should be met, when such a policy is fraught with possible serious results to the individual member, compelling him, as it undoubtedly will in many cases, to sever his membership in the organization with which he is identified provided he does not desire the official paper thereof. Or, on the other hand, compelling him to become a member of an organization, paying all the expenses incident thereto, when what he desires is merely the publication proper. Hereto attached are copies of documents from officers of organizations which throw light on this phase of the proposition, showing clearly that in some instances members are compelled to become subscribers, and vice versa. Unquestionably the determining factor of a subscription to a publication having the advantage of carrying advertisements other than in the interests of the society or organization publishing the same should be the merit and drawing power of the publication, unconnected, directly or indirectly, with the membership proposition. Furthermore, adopting the principle that a member of any organization should be regarded by reason of such membership as a subscriber to the official publication thereof, if applied to all contributing members of all organizations, would appear to make possible a serious abuse of the second-class rates. I therefore strongly urge adherence to the principle heretofore prevailing in legislation covering the extension of the second-class mailing privilege to publications carrying general advertising matter, namely, the evidence that the individual desires the publication sufficiently to subscribe and pay therefor, free from any confusing membership conditions. The adoption of the principle that a member of a benevolent or fraternal, etc., organization publishing an official publication shall be regarded as a subscriber to the publication goes beyond the mere matter of affecting the publications specifically provided for in this proposed legislation, in this wise: There are a great many organizations in this country which are not benevolent or fraternal, or are not trades unions, or are not historical, scientific or professional societies, etc.; organizations of individuals that are banded together for commercial and other purposes not comprehended in this measure and not within its favor. It is a principle of legal construction that the enumeration For instance, how can a publication "originated and published to further their own objects and purposes" ("their own" being assumed to relate to the society, although this matter is discussed later on) be other than "designed or published primarily for advertising purposes?" So that, on the one hand, the papers are compelled to be of an advertising ("to further their own objects and purposes") character; and, on the other, they are not ("must not be designed or published primarily for advertising purposes") to be of such character. If this measure were enacted into law, it is possible that the real intent of the Congress could be ascertained, but manifestly not without great doubt as to the entire correctness of any view that might be taken. It at least seems desirable that this ambiguity should be removed. * * Referring to the provisions (page 2, lines 12-16), reading "but such periodical publications * shall be originated and published to further their own objects and purposes, respectively," the question arises, is the phrase "to further their own objects and purposes" intended to refer to the "periodical publications" themselves, or to the objects and purposes of the societies publishing the same? I take it the latter was contemplated, and it is suggested that point be made clear. On page 2, lines 20 et seq. read as follows: Provided, That the circulation through the mails of periodical publications, issued by benevolent or fraternal societies or orders, or by trades unions, strictly professional, literary, historical, or scientific societies, as second-class matter, shall be limited to copies mailed to members, exchanges, and bona fide subscribers, together with ten per centum of such circulation in addition as sample copies. In relation to the recognition of members of fraternal societies, etc., as subscribers to the official publications thereof, I desire to invite particular attention to my remarks to Congressman Weeks in commenting on the original Dodds bill (H. R. 17543) as follows: It seems that the publishers, from their testimony before your committee, are laboring under the belief that they are being discriminated against by the department with reference to the act of March 3, 1879, and their appearance before you is stated to be to obtain for them certain rights which the ordinary publishers enjoy, but which these fraternal publishers do not enjoy. The fact is, as has been shown in Exhibit F, that for several years prior to 1909 the ordinary publisher had just cause for complaint, because of the extension of the privileges of the act of March 3, 1879, to publishers of publications specially provided for in the act of July 16, 1894, without the necessity of meeting the requirements of the former in respect of a "legitimate list of subscribers." The present agitation arises by reason of the department now requiring the fraternal publishers to meet the same requirements that are met by publishers whose publications are entered under the act of March 3, 1879. Consequently, if fraternal organizations can not meet these requirements they still have a preferential privilege of entry under the act of July 16, 1894, which is not open to ordinary publishers. * The essence of the act of March 3, 1879, is that the publisher may not mail a copy of his publication to a person unless there is the actual demand from a subscriber thereto. Hence the right of a publication to entry under that act is entirely dependent upon a demand for the publication from a buying public, thus adhering to the fundamental principle of supply and demand. If the desires of the publishers whose publications are now entitled to entry under the act of July 16, 1894, are met, all of the above-mentioned restrictions of the act of March 3, 1879, which ordinary publishers are compelled to meet are wholly removed. I question the wisdom of taking out of the hands and substantial control of the individual American citizen the right now enjoyed by him to determine whether he shall or shall not be a subscriber to a publication independent of a society membership. Occasionally organizations are split into opposing factions, resulting in the members of one faction desiring to rid themselves of receiving the official publication. In addition to the above, I desire to add that instead of the organization publishers being discriminated against in the application of the act of March 3, 1879, as alleged by them, they have at all times been entitled to and have received the benefit of every privilege conferred by that statute the same as any other class of publishers. What the organization publishers appear to desire seems to be, therefore, not the same privileges as are accorded all other publishers under the act of March 3, 1879, but to secure a distinct advantage over other publishers by being specially exempted from the same compliance with the provisions of that act which uniform and equitable interpretation demands of all publishers alike. In other words, they are seeking the benefits of both the act of March 3, 1879, and the act of July 16, 1894, without the necessity of meeting the restrictions of either. I question whether the desires of the organizations pressing for the passage of this bill, to have the privilege of mailing at the cent-apound rate of postage copies of their official publications carrying general advertising matter to members who do not pay for the publications as such, but merely pay dues into the society, should be met, when such a policy is fraught with possible serious results to the individual member, compelling him, as it undoubtedly will in many cases, to sever his membership in the organization with which he is identified provided he does not desire the official paper thereof. Or, on the other hand, compelling him to become a member of an organization, paying all the expenses incident thereto, when what he desires is merely the publication proper. Hereto attached are copies of documents from officers of organizations which throw light on this phase of the proposition, showing clearly that in some instances members are compelled to become subscribers, and vice versa. Unquestionably the determining factor of a subscription to a publication having the advantage of carrying advertisements other than in the interests of the society or organization publishing the same should be the merit and drawing power of the publication, unconnected, directly or indirectly, with the membership proposition. Furthermore, adopting the principle that a member of any organization should be regarded by reason of such membership as a subscriber to the official publication thereof, if applied to all contributing members of all organizations, would appear to make possible a serious abuse of the second-class rates. I therefore strongly urge adherence to the principle heretofore prevailing in legislation covering the extension of the second-class mailing privilege to publications carrying general advertising matter, namely, the evidence that the individual desires the publication sufficiently to subscribe and pay therefor, free from any confusing membership conditions. pro The adoption of the principle that a member of a benevolent or fraternal, etc., organization publishing an official publication shall be regarded as a subscriber to the publication goes beyond the mere matter of affecting the publications specifically provided for in this posed legislation, in this wise: There are a great many organizations in this country which are not benevolent or fraternal, or are not trades unions, or are not historical, scientific or professional societies, etc.; organizations of individuals that are banded together for commercial and other purposes not comprehended in this measure and not within its favor. It is a principle of legal construction that the enumeration |
