In the Matter of the Petition by

 KENTUCKY MOUNTAIN MISSION, INC.
 Route No. 1, Box 218,
 Beattyville, Kentucky 41311

 denial of second-class mail privileges for "KENTUCKY COURIER."

 P.O.D. Docket No. 2/294

 September 12, 1968

 William A. Duvall Chief Hearing Examiner  

 POST OFFICE DEPARTMENT,
 DIVISION OF HEARING EXAMINERS
 WASHINGTON, D.C.  20260

 APPEARANCES:
 A. Dale Bryant, Esq. 
 Citizens Bank Building
 Jackson, Kentucky 41339 for the Petitioner

 Norman P. Glass, Esq.
 Office of the General Counsel
 Post Office Department
 Washington, D.C. 20260 for the Respondent

I. The parties and the Issue

Kentucky Mountain Mission, Inc., whose Field Director is Reverend George M. Fox, ¹/ is a California Corporation most of the functions of which are carried out in eastern Kentucky. These functions will be explained in more detail later in this decision. Appellant issues a quarterly, four-page publication called the "Kentucky Courier" which is designed to inform its readership concerning the needs and news of Appellant's activities.

On February 5, 1968, Appellant made application for second-class mailing privileges for its publication. The Director, Division of Classification and Special Services, Bureau of Operations, Post Office Department, ²/ advised Appellant by letter of April 18, 1968, that the application was denied, subject to review by the present type of administrative proceeding. The reason given for the denial of the application was as follows:

"The Articles of Incorporation, Constitution and By-Laws submitted with the application do not show that the Kentucky Mountain Mission of Southern California is a church or church organization within the meaning of the law (Title 39, United States Code, Section 4355)." (App. Ex. A-1).

This proceeding results from the appeal from this ruling. The only issue is whether Appellant is a "church or church organization" within the meaning of section 4355 of Title 39, United States Code. ³/

II. History, Organization and Functions of

In 1919, Miss Annie Bethke came from California to the Kentucky Mountains where she engaged in rural missionary work and midwifery among the people of Breathitt County. Miss Bethke had attended the Bible Institute of Los Angeles and had numerous friends there. These friends visited with her in Kentucky from time to time, became interested in her work, and began to discuss and plan ways to help her and to enlarge the work she was doing. From this background a mission was organized. (Tr. 39)

The organization was incorporated in California in 1949 under the name "The Kentucky Mountain Mission of Southern California." The Articles of Incorporation (App. Ex. G) contain this

In addition to the foregoing matters, the following statement begins on page 21 of the statement of Policy of the Kentucky Mountain Mission, Inc., as revised January 1, 1965 (App. Ex. I):

"The Missionaries are to maintain an evangelical emphasis in their preaching and teaching and should work toward the salvation of souls and wherever possible the goal of establishing local churches. *** Hence, local, self-supporting, self-governing, self-propagating churches will be established from time to time."

The substance of the foregoing statement of purpose is repeated as Article II of the Constitution (App. Ex. B) and as Article I, Section 1 of the By-Laws (App. Ex. C) of the organization. Section 2 of Article I of the By-Laws consists of the doctrinal basis of the organization as follows:

"Section 2: DOCTRINAL BASIS.

The doctrinal basis of this society is:

1. The absolute infallibility of the Holy Scriptures as originally written by man inspired of the Holy Ghost.

2. The Doctrine of the Trinity, Father, Son, and Holy Ghost.

3. The Pre-existence, Deity and Incarnation by Virgin Birth of Jesus Christ, the Son of God.

4. The fall of man, his consequent moral depravity and his need of regeneration.

5. The Vicarious Ateonment (sic) of the Lord Jesus through the shedding of his own blood.

6. The resurrection of the Lord Jesus Christ in the body in which he suffered and died, and his subsequent Glorification above.

7. Justification by personal faith in the Lord Jesus Christ, the evidence and result of which is obedience to the Will of God and works of righteousness.

8. The resurrection of the dea (sic), the judgment of the wicked, eternal punishment of the wicked, and life everlasting of the just.

9. The personality, deity, enduement and guidance of the Holy Spirit.

10. The personality of Satan, who is god of this world system, the enemy of God's people and who will finally be judged and cast into the Lake of Fire into everlasting torment.

11. The second, personal, imminent, and pre-millenial coming of our Lord Jesus Christ."

1/ Kentucky Mountain Mission, Inc., and Rev. Fox, or both of them, may hereinafter sometimes be referred to as "Appellant."

2/ Hereinafter referred to as the "Respondent."

3/ " 4355. Conditions for entry of publications of certain organizations.

(a) Mailable periodical publications meeting the first three conditions of section 4354(a) of this title are entitled to be entered and mailed as second class mail when they do not contain advertising other than that of the publisher and if they are--

* * * * * *

(9) published by a church or church organization;

* * * * * *."

statement: "This corporation is a Protestant Christian Eleemosynary organization, the purpose of which is to promote the spreading of the gospel, the study of the Bible, and the preaching to the lost in the Kentucky Mountains and vicinity." The fourth paragraph of the Articles of Incorporation reads as follows: "The corporation shall be non-stock, and no dividends or pecuniary profits shall be declared to the members thereof."

4/ Respondent advised that no brief would be filed on Respondent's behalf.