In the Matter of the Petition by ) September 26, 1975 ) BOARD OF PUBLICATIONS OF THE ) CHRISTIAN REFORMED CHURCH ) 2850 Kalamazoo Avenue, S.E. ) P.S. Docket No. 2/101 Grand Rapids, Michigan 49508 ) ) Denial of Application for Second-Class ) Mail Privileges for "BIBLE TRAILS ) TEACHER'S MANUAL" ) APPEARANCES: James Engbers, Esq. Miller, Johnson, Snell & Cummiskey 465 Old Kent Building Grand Rapids, Michigan 49502 for Petitioner Cecil Marr, Esq. Arthur S. Cahn, Esq. Law Department U. S. Postal Service Washington, D.C. 20260 for Respondent Lussier, Edward F.
This proceeding is before the undersigned on appeal from an Initial Decision concluding that the publication "Bible Trails Teacher's Manual" is not a periodical publication and thus not entitled to second-class mail privileges. The exception taken by Petitioner to the Initial Decision is to the conclusion that while the "Bible Background" material written by Reverend Kuyvenhoven may properly be considered as falling within the definition of an "article" within the meaning of Houghton v. Payne, 194 U.S. 88, the material written by other contributors to the publication does not fall within that definition.
The Initial Decision, in reaching this conclusion, found at page 11 that "The 'Bible Background' pieces are independent writings in that they tell the story, albeit in abbreviated form, of the lesson and they are capable of being understood when considered by themselves. The instructions or suggestions to the teacher do not meet the necessary criteria because they are not
'independent'. They relate to the scriptural explanation contained in 'Bible Background' or other materials, and some of them would be meaningless if considered alone". A further explanation appearing at page 8 of the Initial Decision reaches the conclusion that "The material supplied by the various authors is not a further relating of events or thoughts which form the basis of each lesson. Rather this material consists of suggestions to the teacher of steps the teacher may take to bring home the truth or the message of the lesson".
In its appeal brief Petitioner points out instances in the publication which it contends contain a further relating of the events or thoughts which form the basis for the lesson. For example, in Exhibit P-4 Petitioner notes that authors use a narrative to explain the particular Bible lesson.
"A large curious crowd soon begins to gather around the meeting room. They are people from many countries who want to see and hear what's happening. Then Peter and the others speak to them in their own language about Jesus. And the crowd is amazed] Imagine what they said to each other when they heard the disciples.
"Yet many mocked, accusing the disciples of being drunk. But Peter, suddenly no longer afraid to speak out for Jesus, explains that their speaking in tongues is a gift of the Spirit. And then he goes on to tell about Jesus, whom God raised from the dead and who is ruling at the right hand of God."
Petitioner points to Lesson 12 of the same issue which deals with Paul's journey to Rome. Here again, the author uses a narrative style, this time in the first person, to illustrate the scripture lesson:
"THE STORY
Hello] I'm so glad you could make it today. I hope we're not too late. There were so many people in the street that I could hardly get through to your house] You remember me, don't you? My name is Julius, and I was the centurion who was in charge of Paul when he was brought as a prisoner to Rome. Some of you were on that ship, too, weren't you? Come quickly] Let's join hands so we don't lose each other in the crowd. Today Paul is preaching at his home here in Rome]
Did you know that Paul has been preaching here in Rome for over a year already? People have been coming from all over just to hear him tell about Jesus Christ] I could listen every day and not be sick of it. Watch out -- someone is pushing through the crowd on a horse. Can you hear what he's saying? Quick--let's push a little nearer."
It is true that the publication also contains a great deal of what has been termed "step by step" directions to the teacher which suggest teaching methodology but these portions often convey the author's thoughts on the substantive message. It is readily understandable in view of the subject matter involved, that ideas and suggestions for instilling and implementing the religious message would incorporate, expand upon, and in a sense be inseparable from, the message itself.1/ Instructions and sermons on the Bible have been going on for thousands of years and every age is greeted by new eloquence reemphasizing in an individual way the same events and lessons. That the writings presuppose a certain degree of knowledge of the Biblical story being discussed and that they are directed towards one who teaches are not necessarily fatal flaws to their being considered articles given the unique subject under consideration, the Bible.
The matter is one not entirely free from doubt and reasonable men might differ since the conclusion depends in large part upon the impression created on the mind of the reader after reviewing the publication issues in their entirety and the many contributions over and above Rev. Kuyvenhoven's articles. After doing so I find myself in disagreement with the conclusion in the Initial Decision that these contributions are not "articles" within the meaning of Houghton v. Payne, supra. The secondary issue of lack of continuity, not necessary to reach in the Initial Decision, is also resolved in favor of Petitioner on the basis of the subject matter, the continuity of which is self-evident.
The Petitioner is entitled to a second-class mail permit for the publication "Bible Trails Teacher's Manual" and the application for such permit is remanded to Respondent for appropriate action.
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