United States Postal Service(TM)



 In the Matter of 			)
					)
 ARNOLD MAGAZINES, INC., 		)
					)
 and its application for entry of 	) H.E. Docket No. 5/114
 the publication known as "Man's 	)
 Exploits" as second-class matter.	)
		
 Goff, Abe McGregor

 POST OFFICE DEPARTMENT WASHINGTON, D. C.

FINAL DEPARTMENTAL DECISION

BY THE GENERAL COUNSEL

The Arnold Magazine, Inc. filed a petition praying that the Director, Division of Mail Classification, be required to show cause why his proposal to recommend denial of petitioner's application for admission of its magazine, "Man's Exploits" June 1957 issue as second-class mail, should not be reversed.

The Director filed an answer alleging that the issue involved is dominated by pictures and text of an obscene, lewd, lascivious, indecent character so as to render it nonmailable under provisions of Section 1461, Title 18, U.S. Code.

A stipulation was entered into wherein the parties herein agreed that the August and November 1957 issues should be included in the proceedings. The January 1958 issue was also received in evidence, upon motion made by the Respondent and granted by the Hearing Officer.

The Hearing Officer found that the June, August, November and January issues are obscene and recommended that the application be denied.

The petitioner filed no exceptions to the Hearing Officer's findings and recommendations.

After examination of the four issues involved, the Hearing Officer's findings are approved. The application should be denied.

Dated this 6th day of January, 1958.