In the Matter of the Petition by                                )
                                                                               )
SILVER BURDETT COMPANY                                )
                                                                               ) P.O.D. Docket No. 2/133
for a second-class mail permit for                         )
the publication "WORLD EVENTS."                        )
                                                                               )
POST OFFICE DEPARTMENT                                  )
WASHINGTON, D.C. 20260                                    )

APPEARANCES:                                                    Victor M. Earle, III, Esq.
                                                                              Cravath, Swaine & Moore
                                                                              1 Chase Manhattan Plaza
                                                                              New York, New York,
                                                                              for the Petitioner
                                                                              Dean M. A. Murville, Esq.
                                                                              Office of the General Counsel
                                                                              Post Office Department,
                                                                              for the Respondent

Bosone, Reva Beck

DEPARTMENTAL DECISION

There is just one issue in the above-named case: Is the publication "World Events" comprised of printed sheets? It is admitted that this publication conforms to the other requirements that are set out in the pertinent statutes and regulations. If "World Events" is comprised of printed sheets then it should receive second-class mailing privileges.

On September 21, 1962, the publishers filed an application for second-class mail privileges in Chicago, Illinois. On August 9, 1963, the application was denied on the grounds that the publication is not formed of printed sheets and that it is a wall chart printed only on one side. The Respondent has appealed.

"World Events" is in two parts: One designated in October 15, 1962, as "Teacher's Guide." In November, 1963, this designation was changed to "Teacher's Section." The other part in large letters says, "World Events." This is a chart where world maps are pictured with the part of the map spotted where a certain event took place. There is a description of the news event which is numbered. This number corresponds with a picture on the chart. The chart is printed only on one side. Because it is printed on one side only the Respondent holds that it is not a newspaper but a poster.

One can take judicial notice of what a poster is because we see posters by the hundreds. The poster is illustrated to advertise or publicize something and many of them state a brief message. I see no resemblance between the chart in this case and a poster taken in its ordinary meaning.

The part of the publication referred to as "Teacher's Section" consists of printed pages, three columns on each page with some small pictures. There are three holes on the left-hand side which may be punched for the convenience of filing this part of the publication. There are many current events which people cut out of newspapers and glue in scrapbooks because of their high interest. Certainly the indication of where three holes may be punched in the "Teacher's Section" wouldn't change this part of the publication from being anything other than current world events.

The controversy seems to be over the huge chart which has been alluded to supra. This huge chart undoubtedly is for posting on a wall somewhere in a schoolroom. It too has places for holes to be punched so that when it is folded it may be placed in a loose-leaf folder. The paper is heavy and printed according to the description given above. When one opens this part of the publication it becomes a sheet of paper. The pictures are large and the descriptions are of large print under the pictures and each is numbered. The written material is set out in large columns but not small columns such as we have in the ordinary newspaper. The printing is only on the one side of the sheet. The second-class mail privilege was denied the publication "World Events" because Mr. Riley, Director, Classification and Special Services Division, Post Office Department, says that it does not conform to Section 4354 (a)(3) of Title 39, United States Code. Section 4354 (a)(3) reads: "is formed of printed pages"; and Section 4354(b) reads:

"For the purpose of this section, the word 'printed' does not include reproduction by the stencil, mimeograph or hectograph processes or reproduction in imitation of typewriting."

Section 132.223, Postal Manual, says about the same thing as the statute.

I can find nothing in the law or regulations or the cases which says that sheets must be printed on both sides. And nowhere can be found a definition of "printed sheets." In Code of Federal Regulations, Title 39, Section 22.4(h)(3) there is a description of "novelty pages" but I see no relevance in this and that which is before me in this matter. The Respondent argues that blank sheets may not be carried as pages because in this section it says just that, but one must remember that this sentence refers to novelty pages. By no stretch of the imagination can one call the wall chart, here, a novelty page, so the foregoing would not apply as I see it.

The case of "Deadline Data"--POD No. 1/419 (1959) is cited by the Respondent in his appeal brief. It is not analogous to this case under discussion. The Director in that case held that the "publication involved was a card index reference service which consisted of a group of cards, printed only on one side, which are to be filed for reference purposes"--and not a periodical. I agree with the Judicial Officer's decision in that case when he said, "I believe that Deadline Data is basically a reference service and that the weekly supplements are similar to supplements of the U. S. Code in that they only correct and bring up to date the basic document." "World Events" is not a card index reference.

There is discussion in the Initial Decision and in the briefs submitted by each party about whether or not each division of the publication is a section or supplement, or whether or not one complements the other. There is agreement between the parties that the wall chart, while it describes the world events, does not do it in detail--that the "Teacher's Guide" goes into each event in more detail. One could spend some time on semasiology--that "section" is a division--that "supplement" is something added to make up for a deficiency--that "complement" is something needed to make complete. I cannot see where it makes any difference whether the two parts of "World Events" are called sections--because a section could supplement or could complement--or whether the one is a supplement to the other or a complement. It is splitting hairs pretty finely to say that these labels should change the legal aspect of the law involved.

In the record there is a great deal of discussion on whether the two parts of the publication "World Events" constitute a newspaper or a periodical. Section 4351 of Title 39, U. S. Code, reads:

"Second class mail embraces newspapers and other periodical publications when entered and mailed in accordance with sections 4352-4357 of this title."

If section 4351 did not embrace newspapers with periodicals the word "other" would not have been used. The fact that the section refers to "newspapers and other periodical publications" I think means what it says. So the pertinent sections of the statutes and the regulations apply to newspapers and periodicals the same.

The definition of "newspapers" as given in the Initial Decision says the word "newspaper" is defined as follows:

"A paper that is printed and distributed daily, weekly, or at some other regular and usually short interval and that contains news, articles of opinion (as editorials), features, advertising, or other material regarded as of current interest."

I agree with the Appellant that that definition and others found in dictionaries are not too specific. But this country has always had newspapers--that is sheets of paper on which are printed current events. Sometimes that paper has been small, sometimes large, sometimes one sheet and sometimes several sheets and sometimes the appearance is of that of a periodical except that the sheets are not stapled together inside the outward cover.

The case of Franks v. Sterling Cleaners and Dyers, Inc., et al, 81 F.2d 596 (1936), referred to in the Initial Decision is probably the outstanding case on the issue of what constitutes a newspaper. While this particular case involved the Bankruptcy Act it sets out a definition of "newspaper":

"Various definitions have been given by the courts of the term 'newspaper' in connection with the construction of statutes requiring publication of various kinds of legal notices, but when the term has been used without qualifying language it is pretty generally agreed that it means a medium for the dissemination of news of passing events printed and distributed at short but regular intervals."

In my mind this definition seems to conform to the generally accepted meaning of what is believed to be a newspaper.

There is some merit in the Hearing Examiner's discussion of the term "generally" as it is set out in section 4354 of Title 39 U. S. Code which reads:

"(a) Generally a mailable periodical publication is entitled to be entered and mailed as second class mail if it . . . ."

But I do not think it of significance in ruling in this case.

If it were true as stated in Respondent's brief, page 6, "Alternately, the Initial Decision indicates on pages 8 and 9 that the Department has authority to waive adherence to all of the requirements of law, and that the power of waiver is lodged in the Hearing Examiner" judgment in this type of case would be "willy-nilly" and easy--but that is not the case and I find nothing in the Initial Decision to support such a statement.

I do agree with the Respondent that newspapers and periodicals must meet all of the requirements set out in the law. This has been discussed supra.

To me it is evident that the "Teacher's Guide" and the "Chart" constitute a single publication and both taken together are for one audience--the classroom--and that means a teacher and students. Both describe world events--one most graphically and the other in detail. Any particular news event may demand more detail than others--or one popular news item may catch the interest of the students more than any others. The "Teacher's Guide" supplies the details. The teacher may give the details or refer the student to the guide.

Where two parts of a publication deal with the same subjects--one in pictures with short descriptions and one in detail, they are one publication. And where that publication meets the requirements of the statutes and the pertinent regulations relative to newspapers and magazines--that publication should have the second-class mailing privilege.

Weighing the facts and the law I have come to the conclusion that "World Events" is a single publication and is a newspaper consisting of printed pages--meeting all the requirements of the pertinent statutes and regulations. The Petitioner is entitled to the second-class mailing privileges for the publication "World Events."