United States v. Atlanta Journal Co.

• Decision Date: 07 October 1913
• Docket Number: 2,421.
• Citation: 210 F. 275
• Parties: UNITED STATES v. ATLANTA JOURNAL CO.
• Court: U.S. Court of Appeals — Fifth Circuit

210 F. 275

UNITED STATES v. ATLANTA JOURNAL CO.

No. 2,421.

United States Court of Appeals, Fifth Circuit.

October 7, 1913

Alexander Ackerman, Sp. Asst. Atty. Gen., of Macon, Ga., for the United States.

Alex. C. King, of Atlanta, Ga., for defendant in error.

The following is the opinion of the District Court (Pardee Circuit Judge):

The facts are that in 1908 the Atlanta Journal Company sent through the mails for delivery to subscribers 691,112 pounds of the semiweekly Journal, and also during the same year sent through the mails for transmission and delivery to divers persons, not subscribers or news agents, and as sample copies, 113,706 pounds of the semiweekly Journal; for and on all of which, as publications of the second class, the Journal Company paid the postage of one cent per pound, and as provided in the act of Congress approved March 3, 1885, 23 Stat. 387.

Now it seems that on December 4, 1907, the Postmaster General promulgated a regulation, taking effect January 1, 1908 amending rule 456 of the Postal Laws and Regulations and pertaining to second-class mail matter, to the effect that sample copies of publications entered as second-class matter shall be accepted for mailing at the second-class postage rate of one cent per pound to the extent of 10 per centum of the total weight of copies mailed to subscribers during the calendar year.

This rule has many detailed provisions relating to sample copies and the handling of the same, particularly providing that should a publisher offer for mailing, as sample copies copies in excess of the amount above described, the postmaster shall require on such excess a deposit of money sufficient to cover postage at the transient second-class rate of one cent for each four ounces, etc., and report the matter, with details, to the Third Assistant Postmaster General.

According to this rule, the Journal Company was entitled to mail as sample copies of the semiweekly Journal, during the year 1908, 69,111 pounds of mail matter. The company actually mailed as sample copies of its publication 44,595 pounds in excess of the 10 per cent. limitation. Upon this excess the Journal Company paid postage at the rate of one cent per pound, and the matter was transmitted through the mails; and this suit is brought to recover the difference between that one cent per pound rate and the transient second-class rate of one cent for each four ounces.

It is inferable...