P.S. Docket No. 5/148
August 25, 1977
In the Matter of the Appeal of
LOCKMASTERS,
476 North A1A,
Satellite Beach, Florida 32937,
Library Rate of Postage for: "Cutaway Combination Locks and
Correspondence Course Materials on Combination Lock Manipulation"
P.S. Docket No. 5/148
August 25, 1977
William A. Duvall Chief Administrative Law Judge
APPEARANCES: J. Timothy Hobbs, Esq.
Mason, Fenwick & Lawrence
1730 Rhode Island Avenue, N.W.
Washington, D. C. 20036 for Petitioner
Grayson M. Poats, Esq.
Office of the General Counsel Office of
Rates and Classification United States Postal Service
Washington, D. C. 20260 for Respondent
D E C I S I O N
Statement of the Case
Lockmasters School, (Petitioner) a partnership under the laws of the State of Florida, was organized in 1955, and for some years prior to 1973 was located in Rochester, New York. In 1973 the school was relocated to Satellite Beach, Florida, where it presently is situated. The purpose of the school, insofar as is pertinent to this proceeding, is to conduct correspondence training programs to teach persons how to manipulate and open various types of combination locks. (Tr. 9, 10, 47) In connection with this course of instruction, the following items are included with other materials mailed to enrollees: a three-ring notebook, binder large enough to hold pages 8 1/2" x 11" in size and containing lessons numbered 1 through 34, with an additional lesson designated as lesson 4-W, relating to 4-wheel, drop-lever type locks; multiple pads of graph paper and data sheets; eight combination locks made by various manufacturers; and a cutaway model of a lock used for instructional purposes. 1/ (Ex. P-2)
At the time the school was relocated to Florida the course materials were being mailed by parcel post and by first class mail. The school manager obtained, through the superintendent at the Satellite Beach postal station, authorization to mail the course materials at the library fourth-class rate of postage. It is the belief of the school's manager that this rate of postage was approved by the postal superintendent at Satellite Beach and by the postmasters at Melbourne and Orlando, Florida. (Tr. 13-14)
On July 2, 1975, the Postmaster at San Diego, California, requested the Office of Mail Classification, United States Postal Service, (Respondent) to determine the eligibility for the fourth-class library rate of a combination lock being sent to the Lockmasters School, Satellite Beach, Florida (Ex. R-2). The Director, Office of Mail Classification, informed the San Diego Postmaster by letter dated November 13, 1975, that the safe lock in question was not eligible for the library rate (Ex. R-3).
Following this ruling, Counsel for Petitioner requested a meeting to discuss the matter (Tr. 114). Petitioner's Counsel also addressed a letter, dated April 30, 1976, to Respondent setting forth the position of Lockmasters that "its cutaway combination locks, supplied in conjunction with correspondence course materials in locksmithing, comprise 'mathematical instructions'" within the ambit of the library rate regulation (R-4 at page 6). This letter was considered as an appeal of the November 13, 1975, ruling (Tr. 114-115) and was responded to on August 10, 1976 (Ex. R-5). In the response it was stated that although Petitioner's comments had been noted, it was still Respondent's position that the combination lock was not a mathematical instrument. In Respondent's view the locks were mechanical instruments and subject to the fourth-class zone rates of postage.
At approximately the same time as this latest ruling, the Manager of Lockmasters School (Tr. 8), requested a meeting with Respondent (Tr. 116). Following the meeting, Respondent issued a further ruling, dated September 29, 1976, which stated, in part, that:
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"Neither the locks by themselves, nor the locks in combination with the course materials are scientific kits, instruments or other devices. A combination lock is a mechanical device. The manipulation of this lock is basically a mechanical procedure. The course materials do not involve instruction in scientific or mathematical principles. They teach a student how to manipulate a mechanical device."
Respondent concluded that neither the course materials, nor the locks, nor any combination of the two, may be mailed at the library rate (Ex. R-6).
On October 12, 1976, Lockmasters filed a Complaint in the United States District Court for the District of Columbia (Civ. No. 76-1888) seeking judicial review of Respondent's final ruling, and injunctive relief against the Postal Service to prevent it from withholding the library rate for Lockmasters mailings. Lockmasters and the Postal Service then entered into a Stipulation, which later was partially modified, and which stated, in pertinent part, that:
"Mr. Ralph Osborne, the Assistant Postmaster General, Rates & Classification Department, United States Postal Service, will review Plaintiff's appeal and issue a decision. Plaintiff may submit additional briefs or documents to Mr. Osborne.
"If Assistant Postmaster General Osborne denies Lockmasters' appeal, then Plaintiff shall have the right to appeal that decision to the Office of Administrative Law Judges, United States Postal Service. A proceeding before an Administrative Law Judge will be conducted pursuant to the Rules of Practice in 39 C.F.R. 954 (1976), with one exception that the decision of the Administrative Law Judge shall be the final agency decision, with no right of appeal to the Judicial Officer by either Plaintiff or Defendants."
The Court ordered, on December 29, 1976, that further proceedings in the case be stayed pending further application of the parties.
Pursuant to the Stipulation, Lockmasters wrote a letter of appeal to Mr. Ralph Osborne on February 4, 1977, reasserting its position that the combination locks were mathematical instruments. (Ex. R-7)
By letter dated March 9, 1977, Respondent advised Petitioner, in substance and effect, that Respondent had concluded that Petitioner's cutaway locks and correspondence course materials on combination lock manipulation are not eligible for the library rate of postage. (Ex. R-1)
By letter dated March 31, 1977, Lockmasters appealed Mr. Osborne's decision to the Office of Administrative Law Judges for a full administrative hearing under the terms of the Stipulation. The Postal Service filed an Answer on April 5, 1977, and a hearing was held on May 25, 1977, in Washington, D. C.
The Issue
The issue in this proceeding is whether Petitioner's combination locks and Petitioner's correspondence course materials on combination locks are "scientific or mathematical kits, instruments or other devices" within the meaning of 135.26b(4) of the Postal Manual. If this issue is disposed of in the affirmative, the materials in question will be eligible for mailing at the fourth-class library rate.
The Regulation
The pertinent provisions of the governing regulation are found in 135.26b(4) of the Postal Manual and they provide as follows:
"b. The following specific items when sent to or from schools, *** may be mailed at the library rate:
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(4) Scientific or mathematical kits, instruments, or other devices.
(5) Catalogs of the materials in 135.26b(1) - (4) and guides or scripts prepared solely for use with such materials."
The Petitioner's Course and Materials
The Petitioner's course and materials have been referred to earlier, and Respondent, in its Brief, presented a careful, accurate, and detailed outline of the content of the course. The salient portions of this outline are attached hereto as Appendix A, the contents of which are incorporated herein by reference to the same extent and effect as if they were set forth herein at length and the contents of Appendix A are adopted by the undersigned. The terms used later in this decision with reference to parts of a combination lock are defined in Appendix A.
In summary, Appendix A sets forth an outline of procedures promulgated by Petitioner by means of which persons are taught to manipulate combination locks using a very exact method which features the use of numbers on the calibrated dial face of the lock to measure nearly imperceptible variations in the interior wheels of the lock. The measurements, taken from the calibrated dial, are used to plot graphs on paper which, when completed for each interior wheel, indicate where the gate on each wheel is likely to be. Further, more refined measurements are taken using the calibrated dial to locate the "true center" of the gate for each interior wheel, thus indicating to the lock manipulator what the position of each wheel must be in relation to the others, so as to align all gates and allow the fence to drop in place, enabling the lock to be opened. (Tr. 19, Petitioner's Initial Brief, p. 3)
Some Definitions
Because of the language of the governing regulation, emphasis was placed on the definitions of certain words. These definitions are 2/ from Webster's Third New International Dictionary, as quoted in Petitioner's letter of April 30, 1976, (Ex. R-4) and Petitioner's Initial Brief, p. 3:
MATHEMATICAL - 1 a: Of, relating to, or having the nature of mathematics, b: derived by or in accordance with mathematics . . .
MATHEMATICS - 1: a science that deals with the relationship and symbolism of numbers and magnitudes and that includes quantitative operations and the solution of quantitative problems (emphasis supplied)
SCIENTIFIC METHOD: the principles and procedures used in the systematic pursuit of intersubjectively accessible knowledge and involving as necessary conditions the recognition and formulation of a problem, the collection of data through observation and if possible experiment, the formulation of hypotheses, and the testing and confirmation of the hypotheses formulated.
To the foregoing definitions, another, from the same source, must be added because of the use of the term "mechanical" by Respondent to describe combination locks.
MECHANICAL: 1 a: of, relating to, or concerned with machinery or tools: produced or operated by a machine or tool; b: of or relating to manual operations....
The Positions of the Parties
Petitioner
Mr. Rex Parmelee, Manager of Lockmasters School, described the operation of the cutaway lock, outlined in some detail the steps previously alluded to in following the course of instruction, and stated that the course was designed to teach certain scientific principles by a scientific method. (Tr. 19, 23-37, 67)
2/ Petitioner included the definition of "Locksmith" in its presentation, but there is no need for the definition of that word in this proceeding.
Mr. Harry C. Miller, one of the partners owning Petitioner, testified with respect to the development of the school as an outgrowth of the need for security in World War II; that he spent hours and hours developing the system; and that the system constitutes a "scientific method" incorporating the four ingredients stated in the definition of that term previously quoted. He is of the belief that the cutaway lock is a mathematical instrument because "It certainly is a calibrated instrument and we are seeking out the numerical information contained therein." (Tr. 48-51, 52, 54-56)
On cross-examination it was pointed out to Mr. Miller that radio dials are calibrated and have numerals on them. On being asked whether the changing of a station on a radio dial involves a mathematical method, he replied in the negative. (Tr. 62)
Petitioner's last witness was Mr. William Liles, the holder of a Bachelors Degree in Electrical Engineering and a Masters Degree in Science, which encompass an extensive number of courses in mathematics. He has been employed in a number of positions in the computer science field and he has published a number of papers on the subject of computers. He is presently employed by Technology Services Corporation, Santa Monica, California, where he is engaged in computer science research. (Tr. 73, 74, 76-77)
Mr. Liles testified that in his opinion the course materials under consideration here, including the cutaway lock, are eligible for the library fourth class mail rates applicable to "scientific and mathematical kits, instruments or other devices." He is of the opinion, also, that a "scientific method" is used in the manipulation course. He concurred with Mr. Miller that all of the requisite steps set forth in the dictionary definition for "scientific method" are present in Petitioner's method of manipulation of combination locks. (Tr. 81-83)
The crux of the testimony of Mr. Liles came in response to a question as to whether using the above dictionary definition of "mathematics", the cutaway lock is a "mathematical instrument". Mr. Liles replied in the affirmative and added this explanation:
"What I am going to say is best shown by the cutaway but applies to all the locks.
"This lock -- The dial, the dial wing, going back to the drive cam and the lever are used similar to a micrometer to take measurements. They are measuring the tolerances of the lock. They are not measuring them in any absolute sense, but what they give you is a function which is the maximum radius of the three wheels underneath it, what is needed, and this problem is just the relativeness of that. Absolute numbers are unnecessary.
"The lock is used for another thing also. The dial indicator is also used as inputs to the system in order to set those wheels into system positions. That is when you go to the two and a half numbers around. This thing is similar in that regard to a slide rule. A slide rule you have two mechanical pieces, a slide next to each other. They happen to have certain markings on them. Those markings don't have to be where they are. They could be shifted any way as long as there is certain relationship. You slide one piece versus another one in order to set up the inputs. That is using the dial to give the inputs into this system. You then slide across there to a place to obtain an answer. Well, you take this dial and you turn it so the drive cam is underneath the nose and take your readings. You are taking the output. Every single time I set all wheels at the number 30 and go back to the contact area I will obtain the same readings just as a slide rule. Every time you multiply two times two you get four. Environmental considerations, you know, in that notwithstanding.
"A slide rule, what is really going on, is you are adding. You don't have to know what the -- You are adding two distances. This thing is measuring the function of the radius of those three wheels. It is the maximum of those three wheels in this case. It is doing the same thing as far as I am concerned." (Tr. 84-86)
In addition, Mr. Liles testified that a combination lock is not always a mathematical instrument, but that such a lock becomes a mathematical instrument when it is used to set certain inputs to receive certain outputs in the way the course uses the cutaway, and other, locks. This statement would be true in a manipulation environment as well as in a teaching environment. (Tr. 87)
Respondent
The Postal Service position is that, within the frame of reference of the regulation, no device is a "mathematical instrument" unless it can perform a mathematical function or operation in and of itself. Further, Respondent asserts that the function of the locks under consideration in this proceeding is purely mechanical, not mathematical. Since the lesson material relates solely to the manipulation of mechanical devices, Respondent reasons, that material is also not entitled to the library rate applicable to "scientific or mathematical kits, instruments or other devices."
In support of this position, Respondent relied on the legislative background of the governing regulation and, in addition, Respondent represented as an expert witness Marjorie L. Stein, Ph.D., who received a Bachelors Degree, with honors in mathematics from Barnard College and a Masters Degree and a Ph.D. in mathematics from Princeton University (Tr. 127). She has been employed in a number of positions in applied mathematics, theoretical research and statistics (Tr. 128-129). She is currently employed as a Management Analyst/Program Manager, Office of Management, U.S. Postal Service (Tr. 127). Dr. Stein is an active member of a number of professional organizations and has published approximately six papers on mathematics in various journals (Tr. 129).
The essence of Dr. Stein's testimony was as follows in response to a request for her analysis of Petitioner's material and for the opinion she reached based on that analysis:
"Well, what I did was to essentially or as quickly as I could read through all the course materials and see exactly what they constituted and specifically looking to try to find mathematical or any kind of scientific procedures being applied or being taught through the materials. And, I felt in going through this I was getting nothing more out of it than I would if I were following a recipe in a cookbook which I think maybe -- That is even what I said on page two of this letter at the end of the first paragraph. I felt then and I still feel now that the course consisted largely of telling the student how to perform certain manipulations and write down certain numbers or points on a graph and then come up with knowing what the combination of the lock was. But, I did not feel that it in any way elucidated what was going on in terms of how the lock is devised as a scientific instrument if one were to try to consider it as that. I didn't see any reason for considering it in that light nor did I see any mathematics or science was being taught in the course.
Q "What was your opinion regarding the question Mr. Osborne asked you?
A "That the combination [lock] and the accompanying course materials did not in any way constitute a [sic] scientific or mathematical kits, instruments, or other devices." (Tr. 131-132)
Dr. Stein agreed that, for the purposes of this proceeding, it would be reasonable to employ the definition of "mathematics" previously quoted. (Tr. 139) The definition uses the language "relationship and symbolism of numbers and magnitudes and that includes quantitative operations and the solution of quantitative problems".
But in so agreeing Dr. Stein explained her agreement in the following terms:
A. "I don't mean when I say all inclusive to imply that mathematics 'includes nothing but quantitative,' I mean 'includes all quantitative problems.' And, what I am trying to point out is that I believe some quantitative problems are not necessarily mathematical ones. In other words, there may be an overlap between the set of quantitative problems and the set of mathematical ones. It doesn't mean that the set of quantitative problems is wholly contained in the set of mathematical problems. That is what I am saying." (Tr. 140)
Dr. Stein specifically described Petitioner's course not as "mathematical", but as "numerical and mechanical". (Tr. 148) In expressing this thought to the Respondent's Assistant Postmaster General for Rates and Classification, Dr. Stein said:
"***[t]he fact that [the effects of turning the dial of the lock] can be represented numerically or graphically does not imply that they are 'mathematical' or 'scientific' in any reasonable senses of these words. Mathematical principles are neither being taught in the construction of the graphs nor being extracted from subsequent examination and use of the graphs. The level of measurement and 'mathematics' involved in the course materials is no more than the simple arithmetic necessary to follow a recipe in a cookbook." (Ex. R-1)
The Legislative History of the Regulation
The regulation governing the resolution of the issue in this proceeding is based upon 400.41(c) of the Domestic Mail Classification Schedule, the pertinent part of which provides:
"***scientific or mathematical kits, instruments or other devices and catalogs of those items and guides or scripts prepared solely for use with such material may be mailed at library-rate fourth-class mail when sent to or from the institutions, organizations, or associations listed in paragraphs 1 and 2 of subsection a."
Section 400.41(c) is a re-codification of former 39 U.S.C. 4554(c) as it existed at the time of the enactment of the Postal Reorganization Act.
The provision of former 39 U.S.C. 4554(c) concerning "scientific or mathematical kits, instruments or other devices" was enacted as part of Public Law No. 86-644 (July 14, 1960).3/ The bill from which Public Law No. 86-644 was derived (H.R. 4595)
3/ This provision was codified as part of 39 U.S.C. 4554(c) by Pub. L. No. 87-646 (September 7, 1962) and modified slightly by Pub. L. No. 87-793 (October 11, 1962). did not contain the "scientific and mathematical" provision when it passed the House of Representatives. 4/ However, during the Senate hearing on H.R. 4595, 5/ representatives of the Science Materials Center proposed an amendment to H.R. 4595 to grant library rate treatment to educational materials designed to develop aptitudes and interests in the fields of science and mathematics. 6/
When H.R. 4595 reached the Senate, the Subcommittee was deeply concerned lest the bill open up the library rate to far too vast a volume of material. This concern was expressed in the following excerpt from statements by Chairman Monroney: 7/
"Senator Monroney. In reading your proposed amendment, it is as wide open as a barn door. I could manufacture a little giant rocket and sell fireworks, I think, if I issued an eight-page booklet on how to shoot fireworks off. I couldn't think of the Congress opening the rate on education to things that perhaps you are not manufacturing, but almost every kind of toy store kit would be finding its way into the subsidized postal rate.
"Speaking for the chairman of this subcommittee alone, it is going to have to be as tight as language can make it or I would never recommend passage of this, because every toy store you go into has these little chemistry outfits with which the child can mix together three or four different kinds of powder and come up with something. Obviously it is educational, but it is more recreational than educational, I think, and after the Christmas season is over, after the bloom is off the Christmas tree, it finds its way into the ashcan; but it would have been subsidized heavily.
"Now I am going to ask the Post Office Department to comment on this. I certainly think it is incumbent on any of the scientific apparatus manufacturers to nail this down so tightly that we will not be opening any avenue for the transmission of toys under the guise of educational materials, even if they have certain elements of educational value.
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4/ H. Rept. 252, 86th Cong., 1st Sess.
5/ Hearing before the Subcommittee on Post Office of the Committee on Post Office and Civil Service, United States Senate, 86th Cong., 1st Sess. (July 8, 1959).
7/ Senate Hearing at pages 27-28.
"We will have to have language of the very tightest, to be sure, if we do consider this seriously--and I think you have made a good case for the quality type of scientific apparatus--that it is that and that alone that is getting the subsidized rate.
* * *
"It is a very limited category that you are seeking admission to. Unless it is very limited and very specific, I think you will find great trouble in getting the Congress to consider it."
The measure was amended so as to include its present language, and with that language included the bill was enacted.
Conclusion
There are sound, persuasive reasons in this case which lead to the conclusion that Petitioner's materials are not eligible to be mailed at the library fourth class rate of postage. While some of them, in and of themselves, may be insufficient to tilt the scale, collectively, they make a strong case in support of Respondent's position. This portion of this decision will point out these features of the evidence.
1. The following are excerpts from the introduction to the course:
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a. "This course is thoroughly practical. Since the best way to learn a subject is to 'learn by doing', each lesson contains a work project. The student is told what to do, how to do it, and when to do it. Everything is explained step-by-step. When he has completed this course he will have a working knowledge of safe lock manipulation." (Ex. P-2, binder, p. 2)
* * *
b. "Each lesson directs you what to do and why you do it. Illustrations and examples clarify every important point. Nevertheless, it is important that each lesson be read over at least twice - once for the general idea, the second time for technical details." (Ex. P-2, binder, p. 4)
These excerpts in Petitioner's own language support Dr. Stein's "recipe in a cookbook" analogy.
c. The next excerpt from Petitioner's course is from the back of the "Manipulation Flow Block Diagram" appearing just before lesson 1:
"THIS BLOCK DIAGRAM IS LIKE A ROAD MAP; IT DIRECTS THE STUDENT MANIPULATOR TO THE FINAL GOAL -- OPENING THE COMBINATION LOCK." (See, below, statement of Mr. Parmelee from Tr. (28)
2. Statements by Mr. Parmelee:
a. While he said that the cutaway lock is a
"mathematical instrument" he continued by saying --
"It is used as a measuring device pure and simple."
(Tr. 18)
The inclusion by Petitioner of all measuring devices (bathroom scales, radio dials, measuring spoons, etc.) in the term "mathematical instruments" (Tr. 41) is not valid, on the basis of this record.
b. Explaining the steps in manipulation, he said --
"Once we know the number of wheels and we know the manufacturer's lock, we then prepare our graph. It is nothing more than a -- I refer to it as a road map ***." (Tr. 28)
When a motorist follows a road map to get from point A to point B, there are numerals involved in the route numbers and distances, but the road map does not, because of this fact, become a "scientific or mathematical kit, instrument or other device."
3. Statements by Mr. Liles:
a. In response to questions by Petitioner's Counsel as to whether he agreed with any statement made by Dr. Stein in her letter to Assistant Postmaster General Osborne, Mr. Liles replied:
"A. In which she says: 'Abstraction and symbolic representation along with logical reasoning are the cornerstones of mathematics. There is a great deal of mathematics that has nothing whatsoever to do with performing numerical calculations, taking measurements or solving quantitative problems.' That is definitely true. I don't think that is the issue here. 'The fact that mathematical principles are sometimes applied in solving quantitative problems does not mean that
every process involving numbers constitutes mathematics.' That is true in a sense. ***" (Tr. 94)
b. "Q. Now, is there any other passages in the Stein letter upon which you would like to make some comments?
"A. I agree with the statement that the fact that we use numbers to tell time does not mean we are doing mathematics. Numbers alone don't do it. ***" (Tr. 96)
c. When asked by Respondent's Counsel if a student who completes the course has thereby learned any general scientific or mathematical principles or concepts other than how to apply the specific procedures taught by the course, Mr. Liles said:
"The course is not a math course and it is not a science course. It is not teaching him that. It is teaching him how to formulate the problem he comes up against with the lock, how to use that lock in order to determine its combination. That is what they are teaching him. I am not sure if that is exactly --
"Q. Yes, that is basically what I am talking about. I am trying to consider what knowledge in the scientific or mathematical field that I would learn by taking this course.
"A. You personally I wouldn't have any idea. I don't believe the course is teaching a scientific method. I can't believe it is a course, say in science. At the same token I don't believe a course sent through the mail how to put together certain chemicals to get certain reactions is a course in science either. I have in my mind a definition of science. I don't believe that science can be taught. (Tr. 101-102)
(On redirect examination, however, Mr. Liles said that he does not believe that scientific or mathematical principles have to be taught by an instrument for that instrument to function as a scientific or mathematical instrument. (Tr. 107))
d. The following exchange took place between Respondent's Counsel and Mr. Liles:
"Q. Is there any discussion in this material on mathematical theory of probability in how the various lock combinations come together and that sort of thing?
"A. It does not go into that because there is no reason in this course to mention probability. It is a sure thing. Every single time you set the wheels to a certain location it would take the same reading . It is a very deterministic process ." (Tr. 105) (Emphasis added)
4. Much has been made of the definitions of the terms used in this matter -- particularly the definitions of "scientific method", "mathematics" and "mathematical." There is nothing wrong with the definitions of these terms as they appear in the dictionary insofar as these terms are used in general parlance. The problems arise in this proceeding because the Petitioner has attempted to force its course materials into the accepted definitions. The results of this effort are confusion and frustration.
5. In the final analysis, the purpose of Petitioner's course is to teach persons how properly to adjust the wheels in a lock. When this adjustment has been made, some force - either gravity, or springs, or some other force -- will cause the "fence" to fall in all the "gateways" and the lock will open. This process involves the use of graphs on which numbers are written, and it involves the use of a tool with numbers on its dial face which, when successfully manually operated, functions in a purely mechanical manner. No arguments, however ably put, can gainsay this fact. The device and the procedures for its use are mechanical and automatic.
6. When all of the foregoing matters are considered, together with the avowed intent of Congress to open the doorway to the library fourth class postage rate only the slightest crack, the conclusion is inescapable that the Respondent was correct in its determination that Petitioner's course, and the materials which are parts of it, do not constitute "scientific or mathematical kits, instruments, or other devices" nor are they "catalogs", "guides or scripts prepared solely for use with such materials" within the meaning of 135.26b(4) and (5).
The ruling by Respondent is sustained.
APPENDIX A
1. The materials at issue in this proceeding are eight sample combination locks and correspondence course materials (P-2) which are mailed to students who participate in the Combination Lock Manipulation Correspondence Course offered by Lockmasters School (Tr. 9-10). The locks are packaged in corrugated boxes about 5 1/2 x 5 1/2 x 5 1/2 in size, and two or three of them are mailed to the student at one time as he progresses through the course. There is also a cutaway lock.
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3. The purpose of the Lockmasters Combination Lock Manipulation Correspondence Course (P-2) is to teach "locksmiths and safe men" to open a combination lock without prior knowledge of the combination using a technique identified as manipulation (Tr. 19, 39-40). ***
4. A person planning to take the Manipulation Course does not need a prior knowledge of locks, but he does need, and is presumed to have, a prior knowledge of basic arithmetic, including addition, subtraction, fractions, decimals and, possibly, metric measurements and he must be able to perform numerical sequences in a set pattern, such as, four times to the left, three times to the right, etc. (Tr. 42, 66-67)
5. The Lockmasters Combination Lock Manipulation Course sets forth detailed steps and procedures which, if followed precisely, will permit the manipulator to open a combination lock without the use of force or tools (P-2, Tr. 67).
* * * *
6. Because combination locks are composed of machined parts, there are minor differences in the dimensions of the parts of the locks. These differences are acceptable within certain limits known as "tolerances." Manipulation takes advantage of these various tolerances by allowing the locksmith to determine the combination by observing the changes in the operation of the lock caused by the effect of the tolerances (P-2, Lesson 1) 1/.
7. In order to explain how these changes occur and how they may be used to open a lock, Lockmasters supplies its students with a sample lock (P-2, Package 1) whose top and back plates have been cut away to permit the student to view the inner operation of the lock. For purposes of this discussion, a number
1/ Lesson numbers refer to lessons in the green notebook binder containing the instructions for the course. of drawings taken from the course material are provided as Exhibit 1 to this Appendix to assist in the explanation of manipulation.
Combination locks have a number of wheels and a drive cam which are activated by turning the front dial. Each wheel has a slot in it called a gateway. Each gateway corresponds to a different number in the lock's combination. The lock also has a lever which rests on the drive cam (see figures 2 and 3 of Exhibit 1 to this Appendix) 2/ and which is connected to the bolt mechanism. A bar (fence) attached to the lever extends horizontally across the wheels of the lock and drops down to rest on the wheels when the nose of the lever drops into the depression (gateway) in the drive cam (see figures 4 and 5). Because of the tolerances of the lock, the wheels will not be identical in size or alignment and the fence will not be perfectly perpendicular to the top surface of the wheels (see figures 2 and 3). Therefore, the fence will normally rest on only one wheel when it is lowered by action of the drive cam (P-2, Lesson 1).
8. The manipulation course instructs the student to identify the points at which the nose of the lever touches the sides of the drive cam gateway -- left and right contact points (see figures 4 and 5). He is told to read the number on the dial that corresponds to each point (P-2, Lesson 2-4) and plot it on a graph (included with Exhibit 1 to this Appendix) provided by Lockmasters (P-2, Lesson 6). The student is told to take readings for each 2 1/2 incremental movement of the dial (P-2, Lesson 7). The method described results in the gradual advancement of the wheels through their full circumference under the lowered fence. Special instructions are provided to guide the student's manipulation of the lock when the dial readings are in the area where the nose of the lever fits into the drive cam gateway -- the contact area (P-2, Lesson 8).
9. At some point the gateway of the highest wheel will be moved under the fence and the fence will drop into that gateway until it rests upon the edge of the next highest wheel. This lowering of the fence results in a corresponding lowering of the nose of the lever into the drive cam gateway. This will narrow the distance between the left and right contact points and result in a narrower range in the left and right readings on the dial. This change will appear as a set of dips in the graph (P-2, Lesson 9). By taking more detailed readings in the range of these dips, the student locates the true center of the indication of change in the lock (P-2, Lesson 9). The true center reading on the dial is one of the numbers of the lock's combination because it occurs at the point where the fence dropped into a gateway.
10. The next step in the course is to determine which wheel's gateway produced the true center indication. This is accomplished by following a step-by-step, detailed set of test combinations on the lock (see P-2, Lessons 10-11). Data Sheet A is provided for this purpose and spells out exactly what the student must do to run the tests (see Exhibit 1 to this Appendix and the filled-in Data Sheet A at P-2, Lesson 11, page 4). The tests place the test number on each wheel and the resulting readings show which wheel carries the true center number (P-2, Lesson 11).
11. The process is then repeated to determine another true center and its correct wheel (P-2, Lessons 12-16). After two numbers are known, it is not necessary to graph the last series of test combinations because the lock will open when the last low area is reached (P-2, Lesson 17).
12. The remainder of the course teaches the correct data sheets to use if a different wheel's true center is found first (P-2, Lessons 18-25) and the methods to use with other types and brands of locks (P-2, Lessons 26-34).
13. It would not be necessary for the student to plot the contact point readings on the graph. The same result could be derived if the readings were simply listed and compared. (Tr. 39)
1/ Not all of these materials are mailed to the student at one time. (Tr. 15)
2/ Hereafter in this Appendix when reference is made to "figure 1" etc. the reference will be, unless otherwise indicated, to the figures shown in Exhibit 1 to this Appendix.