In the Matter of the Petition by CIVIC EDUCATION SERVICE, INC., 1733 K Street, N.W., Washington, D.C. 20006 for a second-class mail permit for for "HEADLINE-FOCUS WALL MAPS." P.O.D. Docket No. 2/144 September 24, 1964 William A. Duvall Chief Hearing Examiner POST OFFICE DEPARTMENT, DIVISION OF HEARING EXAMINERS, WASHINGTON, D.C. 20260, APPEARANCES: George M. Rogers, Jr., Esq. Gardner, Morrison & Rogers 1126 Woodward Building Washington, D.C. for the Petitioner Dean M. A. Murville, Esq. Office of the General Counsel Post Office Department for the Respondent
On September 18, 1963, the Petitioner, Civic Education Service, Inc., 1733 K Street, N.W., Washington, D. C., filed an application for second-class mail privileges for the publication known as "Headline-Focus Wall Maps."
On October 21, 1963, the Respondent, the Director, Classification and Special Services Division, Bureau of Operations, Post Office Department, advised the publisher by letter that the application was denied, subject to the Petitioner's right to appeal from his ruling in accordance with the applicable provisions of the appropriate Rules of Practice (Part 204, Title 39, Code of Federal Regulations).
The Petitioner filed timely appeal and an answer to the petition was filed in due course by counsel for the Respondent.
By agreement of the parties, the case is to be decided upon the basis of the documents contained in the administrative file, together with briefs which were submitted by counsel for both parties on September 14, 1964.
The statutes governing the eligibility of publications for entry into the mails as second-class matter which are involved in this proceeding are as follows:
4351. Definition
Second class mail embraces newspapers and other periodical publications when entered and mailed in accordance with sections 4352-4357 of this title.
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4354. Conditions for entry of publications
(a) Generally a mailable periodical publication is entitled to be entered and mailed as second class mail if it--
(1) is regularly issued at stated intervals as frequently as four times a year and bears a date of issue and is numbered consecutively;
(2) is issued from a known office of publication;
(3) is formed of printed sheets;
(4) is originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, arts, or a special industry; and
(5) has a legitimate list of subscribers.
(b) For the purpose of this section, the word "printed" does not include reproduction by the stencil, mimeograph or hectograph processes or reproduction in imitation of typewriting.
(c) A periodical publication designed primarily for advertising purposes or for free circulation or for circulation at nominal rates is not entitled to be admitted as second class mail under this section.
The Director made the following statements, among others, in the notice of proposed denial of the Petitioner's application:
"The reasons for denial are as follows: The law (39 United States Code 4351 and 4354; Postal Manual, Sections 132.211 and 132.223) provides, among other things, that only newspapers and other periodical publications, formed of printed sheets, may qualify for second-class mailing privileges.
"The material submitted in connection with the application of 'Headline-Focus Wall Maps,' dated October 1, 1963, and purporting to be an issue of that publication, is a large wall map of China, printed on only one side. The publisher indicates that 'Headline-Focus Wall Maps' are a series of semi-monthly full-color wall maps of world areas in the news.
"Such wall maps do not constitute newspapers and other periodical publications within the meaning of the law, and furthermore, they are not formed of printed sheets."
It is apparent, therefore, and it was so agreed at the prehearing conference, that the issues to be resolved are:
"1. Whether 'Headline-Focus Wall Maps' is a newspaper or other periodical within the meaning of 39 U. S. Code 4351 and 4354; and
"2. Whether 'Headline-Focus Wall Maps' is composed of printed sheets as required by Section 4354(a)(3) of Title 39 U. S. Code."
The publication in question is published semi-monthly, sixteen times during the school year, and consists of a sheet of paper approximately 37 inches by 28 inches in size, on which is printed a map showing an area of the world which is, or has been a short time prior to publication, prominent in the news or which is otherwise of timely interest. In addition to the large scale map a certain amount of space in each issue is devoted to the reporting of current and other information relative to the area depicted. For example, the issue of the publication on which the Director based his ruling was the issue dated October 1, 1963, which dealt with China. The map, itself, gives not only the outline of Communist China, but it locates the principal cities, rivers, mountain ranges, natural resources, industrial centers, agricultural areas and certain troop dispositions. The neighboring countries also are shown and identified as is the Island of Taiwan, the location of the Nationalist Chinese Government. On the right hand quarter of this issue comment is made on various subjects as here indicated:
1. Under the subject "Foreign and Military Aims," the reader is briefly advised concerning
a. "Clash with Russia";
b. "Aggression in India";
c. "Pushing Southward";
d. "Designs on Taiwan";
e. "Nationalists Strike Back";
f. "Resistance in Tibet"; and
g. "North Korea and North Viet Nam";
2. Under the subject "Industrial Development" there is comment on
a. "Manchuria";
b. "Outside Manchuria";
c. "Petroleum";
d. "Mining";
e. "A Nuclear Reactor"; and
f. "Sanmen Dam";
3. Other comments are made under the subjects of "Agriculture" and "Minority Groups"; and
4. Finally, there are drawings of Mao Tse-Tung and Chiang Kai-Shek, together with a short statement of the long rivalry which has existed between these two Chinese leaders.
Other issues which are contained in the file deal with the areas of (1) Morocco and Algeria; (2) Panama and the Canal Zone; and (3) United States National Parks which were, respectively, the issues for November 15, 1963; March 16, 1964; and May 18, 1964. In the first two of these latter issues the reader is advised generally concerning the inhabitants of the areas featured in those issues, the governments of the particular countries, political considerations affecting the people, the economy and the natural resources of the particular countries. The last of the three issues mentioned above was, of course, issued only a short time prior to the end of the school year and showed on the map the location of the larger national parks, and other points of scenic and historic interest in the United States, together with a statement of the history of the Park Service and interesting data in regard to the park system today.
The dictionary definition of a newspaper is--
"A paper that is printed and distributed daily, weekly, or at some other regular and usually short interval and that contains news, articles of opinion (as editorials), features, advertising, or other material regarded as of current interest." (Webster's New International Dictionary, 3rd Ed., Unabridged, 1961.)
The following is a further definition:
"Various definitions have been given by the courts of the term 'newspaper' in connection with the construction of statutes requiring publication of various kinds of legal notices, but when the term has been used without qualifying language it is pretty generally agreed that it means a medium for the dissemination of news of passing events printed and distributed at short but regular intervals." ( In Re Sterling Cleaners & Dyers, Inc. , 81 F.(2d) 596, 597, CCA 7, 1936).
Based upon the content and the format of "Headline-Focus Wall Maps" as previously described, the Hearing Examiner concludes that this publication is "a medium for the dissemination of news of passing events printed and distributed at short but regular intervals."
The remaining question is whether the publication complies with that portion of Section 4354 of Title 39 which requires as a condition precedent to second-class entry that a publication be "formed of printed sheets" (39 U. S. Code 4354(a)(3)).
Nowhere in the governing statutes is there set forth any requirement as to the number of "printed sheets" which a publication must contain before it is eligible for second-class mail entry. That this number of printed sheets may vary has been recognized by the Judicial Officer for this Department in the Departmental Decision in the case involving a publication of Silver Burdett Company (P.O.D. Docket No. 2/133) in which the Judicial Officer stated:
"***But this country has always had newspapers--that is sheets of paper on which are printed current events. Sometimes that paper has been small, sometimes large, sometimes one sheet and sometimes several sheets ***." (page 5)
In addition to the foregoing, there is the following provision in Section 1 of Title 1, United States Code:
" 1. Words denoting number, gender, and so forth
In determining the meaning of any Act of Congress, unless the context indicates otherwise--
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words importing the plural include the singular;
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There is nothing in the context of the statutes involved in this proceeding which indicates that the use of the word "sheets" prevents an interpretation of that word in the singular. Further, there has been no showing of anything in the legislative history or the language of these statutes to indicate that a publication must have more than one printed sheet in order to be eligible for entry into the mails as second-class matter.
Having fully considered the entire record in this proceeding, including the briefs submitted by counsel for both parties, this Hearing Examiner concludes that (1) the publication "Headline-Focus Wall Maps" is composed of printed sheets within the meaning of Section 4354(a)(3) of Title 39, United States Code; and (2) that the publication "Headline-Focus Wall Maps" is a newspaper or other periodical within the meaning of Sections 4351 and 4354 of Title 39, United States Code.
This Hearing Examiner, therefore, recommends that this matter be remanded to the Respondent for the issuance of a second-class mail permit for the publication "Headline-Focus Wall Maps" in accordance with the conclusions heretofore reached in this Initial Decision.