In the Matter of Petition by 		)
					)
 ARNOLD MAGAZINES, INC., 		)
					) H.E. Docket No. 4/233
 for second-class entry of 		)
 "RAGE" Magazine. 			)

 Goff, Abe McGregor

 POST OFFICE DEPARTMENT WASHINGTON, D. C.

The publisher in this case, the Arnold Magazines, Inc., filed a petition requesting that the Director, Division of Mail Classification be required to show cause why his proposal to recommend denial of petitioner's application for admission to the second-class mail privileges of its publication "Rage", December, 1956, issue, should not be reversed.

The Respondent (The Director, Mail Classification Division) denied the material allegations in the petition and averred that the magazine is dominated by pictures and text of an obscene, lewd, lascivious and indecent character so as to render it nonmailable under the provisions of 1461, Title 18, U.S.C.

The parties then entered into a stipulation wherein it was agreed to submit the case to the Examiner upon the sole issue of whether petitioner's December issue of "Rage" is dominated by pictures and text of an obscene character.

Upon the basis of this stipulation the Examiner found that the December, 1956, issue of "Rage" is mailable and recommended that the proposed denial be reversed.

The Respondent filed an application to reopen the hearing, averring that, subsequent to the Hearing Officer's report, the February, April and June issues of "Rage" were submitted to the Postmaster at New York; that these issues constitute probative evidence not available at the time of the hearing. The Hearing Officer's recommendations were set aside and a rehearing granted.

An amended stipulation was entered into by the parties herein to include the February, April, June, August and October issues of 1957, and to submit the case upon the sole issue of obscenity of all of the issues.

The Hearing Officer again found that the December, 1956, issue is mailable. The February, April, June, August and October, 1957, issues were found to be nonmailable within the meaning of Section 1461, Title 18, U.S.C., and recommended that the proposed denial of the petitioner's application for entry of the magazine "Rage" into the mails as second-class matter be made final.

The petitioner filed the exceptions to the Hearing Officer's findings, decision and recommendations upon the grounds that they are contrary to the law and court decisions and that they are not supported by the evidence.

The exceptions are disallowed. The dominant effect of all but the December issue is obscenity. No other evidence is necessary outside of the magazines to determine whether they are obscene. The evidence is sufficient and the decision is in conformity with the law as interpreted by our courts.

The Examiner's recommendations are adopted and the Director, Division of Mail Classification, should deny the publisher of "Rage" magazine second-class mail privileges.

Dated this 5th day of November, 1957.