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through the mails of any publication which violates any copyright granted by the United States. (20 Stat. 359.)

See notes to section 7 of this act, ante, § 7302.

Provisions relating to copyrights are contained in Title LX, "Patents, TradeMarks, and Copyrights," c. 3.

§ 7308. (Act March 3, 1879, c. 180, § 16.) Supplements to secondclass matter.

Publishers of matter of the second class may without subjecting it to extra postage, 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, but omitted from the regular issue for want of space, time, or greater convenience, which supplement must in every case be issued with the publication. (20 Stat. 359.)

See notes to section 7 of this act, ante, § 7302.

§ 7309. (Act Aug. 24, 1912, c. 389, § 1.) Publications of benevolent, professional, etc., societies, educational institutions, State boards, trade unions, etc., as second-class matter; advertisements permitted; circulation; office of publication to be fixed. From and after the passage of this Act all periodical publications issued from a known place of publication at stated intervals, and as frequently as four times a year, by or under the auspices of a benevolent or fraternal society or order organized under the lodge system and having a bona fide membership of not less than one thousand persons, or by a regularly incorporated institution of learning, or by a regularly established State institution of learning supported in whole or in part by public taxation, or by or under the auspices of a trades union, and all publications of strictly professional, literary, historical, or scientific societies, including the bulletins issued by State boards of health, and by State boards or departments of public charities and corrections, shall be admitted to the mails as second-class matter, and the postage thereon shall be the same as on other second-class matter; and such periodical publications, issued by or under the auspices of benevolent or fraternal societies or orders or trades unions, or by 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 or published primarily for advertising purposes, and shall be originated and published to further the objects and purposes of such benevolent or fraternal societies or orders, trades-unions, or other societies, respectively; and all such periodicals shall be formed of printed paper sheets, without board, cloth, leather or other substantial binding, such as distinguish printed books for preservation from periodical publications: Provided, That the circulation through the mails of periodical publications issued by, or under the

auspices of, benevolent or fraternal societies or orders, or tradesunions, or by strictly professional, literary, historical, or scientific societies, as second-class mail matter, shall be limited to copies mailed to such members as pay therefor, either as a part of their dues or assessments, or otherwise, not less than fifty per centum of the regular subscription price; to other bona fide subscribers; to exchanges, and ten per centum of such circulation as sample. copies: Provided further, That when such members pay therefor as a part of their dues or assessments, individual subscriptions or receipts shall not be required: Provided further, That the office of publication of any such periodical publication shall be fixed by the association or body by which it is published, or by its executive board, and such publication shall be printed at such place and entered at the nearest post office thereto. (37 Stat. 550.)

These were provisions of the postal service appropriation act for the fiscal year 1913, cited above.

They superseded less detailed provisions, relating to the same subjects, of Act July 16, 1894, c. 137, § 1, 28 Stat. 105.

Periodical publications of State agricultural departments were to be admitted to the mails as second-class matter by Act June 6, 1900, c. 801, post, § 7310.

Second-class matter was defined by Act March 3, 1879, c. 180, § 10, ante, §

7304.

§ 7310. (Act June 6, 1900, c. 801.) Periodical publications of State departments of agriculture as second-class matter.

All periodical publications issued from a known place of publication at stated intervals as frequently as four times a year by State departments of agriculture shall be admitted to the mails as secondclass mail matter: Provided, That such matter shall be published only for the purpose of furthering the objects of such departments: And provided further, That such publications shall not contain any advertising matter of any kind. (31 Stat. 660.)

This was an act entitled "An act to extend to certain publications the privileges of second-class mail matter as to admission to the mails."

Second-class matter was defined by Act March 3, 1879, c. 180, § 10, ante, § 7304.

§ 7311. (Act June 23, 1874, c. 456, § 9.) Affidavit of publishers; prepayment of postage; penalty.

The Postmaster-General, when in his judgment it shall be necessary, may prescribe, by regulation, an affidavit in form, to be taken by each publisher of any newspaper or periodical publication sent through the mails under the provisions of this act, or news agent who distributes any of such newspapers or periodical publications under the provisions of this act, or employee of such publisher or news agent, stating that he will not send, or knowingly permit to be sent, through the mails any copy or copies of such newspaper or periodical publications except to regular subscribers thereto, or news agents, without prepayment of the postage thereon at the rate of one cent for each two ounces or fractional part thereof; and if such publisher or news agent, or employee of such publisher or news agent, when required by the Postmaster-General or any

special agent of the Post-Office Department to make such affidavit, shall refuse so to do, and shall thereafter, without having made such affidavit deposit any newspapers in the mail for transmission, he shall be deemed guilty of a misdemeanor, and on conviction, shall be fined not exceeding one thousand dollars for each refusal; and if any such person shall knowingly and willfully mail any such matter without the payment of postage as provided by this act, or procure the same to be done with the intent to avoid the prepayment of postage due thereon; or if any postmaster or post-office official shall knowingly permit any such matter to be mailed without prepayment of postage as provided in this act, and in violation of the provisions of the same, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, or imprisoned not exceeding one year, one or both, in the discretion of the court. (18 Stat. 233.)

The rate of postage on newspapers was fixed, and the method of payment of such postage was prescribed, by sections 5 and 6 of this act, and by Act March 3, 1885, c. 342, § 1, Act June 13. 1898, c. 446. § 1, Act March 3, 1879, c. 180, § 25, and Act June 9, 1884, c. 73, post, §§ 7356-7361.

§ 7312. (Act March 3, 1901, c. 851, § 1.) annulled only after hearing.

Second-class privileges

When any publication has been accorded second-class mail privileges, the same shall not be suspended or annulled until a hearing shall have been granted to the parties interested. (31 Stat. 1107.)

This was a provision following an appropriation for miscellaneous items in the postal service appropriation act for the fiscal year 1902, cited above. Second-class matter was defined by Act March 3, 1879, c. 180, § 10, ante, § 7304, and the conditions on which a publication was to be admitted to the second class were prescribed by section 14 of the same act, ante, § 7306. § 7313. (Act Aug. 24, 1912, c. 389, § 1.) Sworn statements of names, etc., of editors, owners, stockholders, etc., of newspapers and periodicals, and of circulation of newspapers to be filed; exceptions; publication of statement; penalty. That it shall be the duty of the editor, publisher, business manager, or owner of every newspaper, magazine, periodical, or other publication to file with the Postmaster General and the postmaster at the office at which said publication is entered, not later than the first day of April and the first day of October of each year, on blanks furnished by the Post Office Department, a sworn statement setting forth the names and post-office addresses of the editor and managing editor, publisher, business managers, and owners, and, in addition, the stockholders, if the publication be owned by a corporation; and also the names of known bondholders, mortgagees, or other security holders; and also, in the case of daily newspapers, there shall be included in such statement the average of the number of copies of each issue of such publication sold or distributed to paid subscribers during the preceding six months: Provided, That the provisions of this paragraph shall not apply to religious, fraternal, temperance, and scientific, or other similar publications: Provided further, That it shall not be necessary to include in such

statement the names of persons owning less than one per centum of the total amount of stock, bonds, mortgages, or other securities. A copy of such sworn statement shall be published in the second issue of such newspaper, magazine, or other publication printed. next after the filing of such statement. Any such publication shall be denied the privileges of the mail if it shall fail to comply with the provisions of this paragraph within ten days after notice by registered letter of such failure. (37 Stat. 553.)

These were provisions of the postal service appropriation act for the fiscal year 1913, cited above.

§ 7314. (Act Aug. 24, 1912, c. 389, § 2.) Paid editorials and reading matter to be marked "advertisement"; penalty.

That all editorial or other reading matter published in any such newspaper, magazine, or periodical for the publication of which money or other valuable consideration is paid, accepted, or promised shall be plainly marked "advertisement." Any editor or publisher printing editorial or other reading matter for which compensation is paid, accepted, or promised without so marking the same, shall upon conviction in any court having jurisdiction, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500.) (37 Stat. 554.)

These were further provisions of the postal service appropriation act for the fiscal year 1913, cited above.

§ 7315. (Act March 3, 1879, c. 180, § 17.) Third-class matter; rate of postage; foreign publications.

Mail matter of the third class shall embrace books, transient newspapers, and periodicals, circulars, and other matter wholly in print (not included in section twelve), proof sheets, corrected proof sheets, and manuscript copy accompanying the same, and postage shall be paid at the rate of one cent for each two ounces or fractional part thereof, and shall fully be prepaid by postage stamps affixed to said matter. Printed matter other than books received in the mails from foreign countries under the provisions of postal treaties or conventions shall be free of customs duty, and books which are admitted to the international mails exchanged under the provisions of the Universal Postal Union Convention may, when subject to customs duty, be delivered to addresses in the United States under such regulations for the collection of duties as may be agreed upon by the Secretary of the Treasury and the Postmaster. General. (20 Stat. 359.)

See notes to section 7 of this act, ante, § 7302.

This section and Act June 8, 1896, c. 370, post, § 7330, superseded R. S. § 3878. See notes under R. S. §§ 3875, 3878, ante.

Letters written by the blind were rated as third-class matter by Act March 2, 1899, c. 362, post, § 7318.

Quantities of not less than 2,000 identical pieces of third-class matter may be accepted for transmission in the mails, without postage stamps affixed as was required by this section, by Act April 28, 1904, c. 1759, § 2, post, § 7364. § 7316. (Act March 3, 1879, c. 180, § 18.) Circular, definition.

The term "circular" is defined to be a printed letter, which, according to internal evidence, is being sent in identical terms to

several persons. A circular shall not lose its character as such, when the date and the name of the addressed and of the sender shall be written therein, nor by the correction of mere typographical errors in writing. (20 Stat. 360.)

See notes to section 7 of this act, ante, § 7302.

§ 7317. (Act March 3, 1879, c. 180, § 19.) Printed matter, definition.

"Printed matter" within the intendment of this act is defined to be the reproduction upon paper, by any process except that of handwriting, of any words, letters, characters, figures, or images, or of any combination thereof, not having the character of an actual and personal correspondence. (20 Stat. 360.)

See notes to section 7 of this act, ante, § 7302.

§ 7318. (Act March 2, 1899, c. 362.) Letters written by the blind as third-class matter.

All letters written in point print or raised characters used by the blind when unsealed shall be transmitted through the mails as third-class matter. All acts or parts of acts conflicting with this Act are hereby repealed. (30 Stat. 984.)

This was an act entitled "An act regulating the postage on letters written by the blind."

Third-class matter was defined by Act March 3, 1879, c. 180, § 17, ante, § 7315.

Books, pamphlets and other reading matter in raised characters for the use of the blind were to be transmitted in the mails free of postage by Act April 27, 1904, c. 1612, post, § 7384.

§ 7319. (Act Aug. 24, 1912, c. 389, § 8.) (1) Fourth-class mail matter; limit of weight, size, etc.; nonmailable matter. Hereafter fourth-class mail matter shall embrace all other matter, including farm and factory products, not now embraced by law in either the first, second, or third class, not exceeding eleven pounds in weight, nor greater in size than seventy-two inches in length and girth combined, nor in form or kind likely to injure the person of any postal employee or damage the mail equipment or other mail matter and not of a character perishable within a period reasonably required for transportation and delivery. (37 Stat. 557.)

This provision was part of section 8 of the postal service appropriation act for the fiscal year 1913, cited above.

Further provisions of said section which established a parcel post system, dividing the United States and its Territories, etc., into postal zones, prescribing rates of postage for delivery of fourth-class matter within said zones, respectively, and providing for equipment, operation, and regulation of the parcel post service, are set forth post, §§ 7320-7326, 7446.

Other provisions of said section making the rates of postage established thereby effective January 1, 1913, authorizing the appointment of a joint Congressional committee to make further inquiry into the subject of the general parcel post and related subjects and to report to Congress at the earliest date possible, making an appropriation for the purposes of this section, and repealing all laws and parts of laws in conflict with this section, are omitted, as temporary merely and executed.

The provisions of this section superseded the previous provisions defining fourth-class mail matter of Act June 8, 1896, c. 370, post, § 7330.

The Postmaster-General was authorized to reform, with the consent of the

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