In the Matter of 			)
 					)
 ARNOLD MAGAZINES, INC., 		)
 					)
 and its application for entry of 	) H.E. Docket No. 5/119
 the publication known as "GUSTO"	)
 as second-class matter. 		)

 Goff, Abe McGregor

 POST OFFICE DEPARTMENT WASHINGTON, D. C.

The publisher, Arnold Magazine, Inc., filed a petition praying that the Director, Division of Mail Classification, be ordered to show cause why the proposed denial by said Director of petitioner's application for second-class entry of its October, 1957, issue of its magazine entitled "Gusto" should not be reversed and said application be granted.

The Director, Division of Mail Classification, hereinafter called the Respondent, filed an answer denying the material allegations of said petition and averred that the October, 1957, issue of "Gusto" is dominated by pictures and text of an obscene, lewd, lascivious, indecent or filthy character so as to render it nonmailable under the provisions of Section 1461, Title 18, U.S.C.

Before the hearing the parties herein entered into a stipulation wherein it was agreed to submit to the Hearing Officer the sole issue whether petitioner's publication, October, 1957, entitled "Gusto" is dominated by pictures and text of an obscene character so as to render it nonmailable under the provisions of Section 1461, Title 18, U.S.C. Before the Hearing Officer's initial decision was filed, Respondent filed a motion to reopen the hearing and receive new evidence made available after the filing of the stipulation, consisting of the December, 1957, issue of the magazine "Gusto." The petitioner failed to reply to the motion and the Hearing Officer included the December, 1957, issue of said magazine in evidence under the terms of the stipulation.

The Hearing Officer reported that the October and December, 1957, issues of the publication "Gusto" are dominated by material of an obscene character and recommended that the application of Arnold Magazine, Inc., for entry of the magazine "Gusto" into the mails as second-class matter be denied.

The petitioner filed three exceptions to the Hearing Officer's recommendations. All concern the finding that the two issues of "Gusto," when considered as a whole, are dominated by material of an obscene nature. An examination of the magazines confirms the finding. While there is a fill-in of trashy articles, mostly of the "horror" type, the obvious appeal is to the prurient.

Petitioner's application for a second-class entry should be denied.

Dated this 30th day of December, 1957.