In the Matter of

 GROVE PRESS, INC.
 M-16, 64 University Place,
 New York, New York. 

 In the Matter of

 READERS' SUBSCRIPTION, INC.
 M-18, 1140 Broadway,
 New York, New York. 

 May 28, 1959

 Charles D. Ablard Judicial Officer

 POST OFFICE DEPARTMENT, Washington, D.C.

These joint proceedings involve the mailability of the book "Lady Chatterley's Lover" by D. H. Lawrence, the English novelist, by Grove Press, Inc. and of certain advertisements soliciting orders for that book by Readers' Subscription, Inc., a book club. Twenty-four parcels mailed by Grove Press containing the book and over 20,000 circulars of Readers' Subscription were withheld from dispatch in the New York City Post Office. The matter is alleged to be obscene. The General Counsel of the Post Office Department, the complainant, issued a notice of hearing to both parties and answers were filed. Complainant relies upon Monart v. Christenberry , 168 F. Supp. 164 (S.D.N.Y., 1958); and Glanzman v. Christenberry (S.D.N.Y., Dec. 24, 1958) for the authority for this type proceeding. Those decisions held that Post Office Department may withhold matter from dispatch which it believes to be nonmailable pending a hearing on the matter.

A hearing was held by me on May 15, 1959, in New York, New York. The parties waived the requirements of Borg-Johnson v. Christenberry , 169 F. Supp. 746 (S.D.N.Y., 1959) which prohibited the Judicial Officer from sitting at the reception of evidence. The hearing was originally to involve only the Grove Press; however, Readers' Subscription, Inc. moved to be joined as a party. The complainant objected to the joinder but Grove Press did not. The two proceedings were joined. Proposed findings were submitted by all parties on May 21, 1959.

The complainant alleges that the book "Lady Chatterley's Lover" is obscene and nonmailable under 18 U.S.C. 1461 and that the circular of Readers' Subscription, Inc. gives information as to where obscenity may be obtained. The complainant admits that the novel has literary merit but claims that the obscene passages outweigh the literary merit.

The book at issue, which is the unexpurgated version, has for many years been held to be nonmailable by the Post Office Department and non-importable by the Bureau of Customs of the Department of the Treasury. To hold the book to be mailable matter would require a reversal of rulings of long standing by this Department and to cast doubt on the rulings of a coordinate executive department. This proceeding is therefore referred to the Postmaster General for final Departmental Decision pursuant to the following which appears in the Delegation of Authority to the Judicial Officer:

"Decisions and orders of the Judicial Officer under the authority of this order shall be the final departmental decision and order except that the Judicial Officer may refer any proceeding to either the Postmaster General or the Deputy Postmaster General for final decision." Par. III(b) 23 F.R. 2817, April 26, 1958.

Attached is the complete file of the pleadings, the transcript and the evidence introduced at the hearing.