In the Matter of the Petition by	) March 18, 1975
 					)
 WORLD WIDE MISSIONARY CRUSADER, INC. 	)
 4606 Avenue H 				)
 Lubbock, Texas 79494 			)
					) P.S. Docket No. 2/107
					)
 Proposed Annulment of Second-Class 	)
 Mail Privileges for "WORLD WIDE 	)
 MISSIONARY CRUSADER" 			)

 APPEARANCES:				Craig Brummett, Esq.
					Brummett & Brummett
					2315 50th Street
					Lubbock, Texas 79412
					for Petitioner
					D. Scott Railsback, Esq.
					Arthur S. Cahn, Esq.
					Grayson M. Poats, Esq.
					Law Department
					U.S. Postal Service
					Washington, D. C. 20260
					for Respondent

 Lussier, Edward F.  

This case is before the undersigned on appeal from the Initial Decision of Administrative Law Judge Sobernheim affirming the annulment of Petitioner's second class mailing privileges for its publication "World Wide Missionary Crusader". That decision was based upon the conclusion that the publication did not qualify under the Postal Service Manual (PSM) § 132.232 which permits second class privileges for publications of "church and church organizations" without the necessity of showing a list of subscribers required for other publications. As pointed out in the Initial Decision, the regulation is in substance the same as 39 U.S.C. § 4355.

Petitioner excepts to Finding 7a that it does not conduct religious worship or provide for the ministration of sacerdotal functions. The record reflects no evidence to the contrary. If it had the result reached may well have been different. The record is clear as to what Petitioner holds itself out as doing and to the extent it does not purport, and there is no independent evidence to suggest, that it conducts religious worship or provides for the ministration of sacerdotal functions, the finding has support in the record. Under such circumstances the burden of coming forth with evidence to rebut the natural conclusion to be drawn from the evidence rests with the Petitioner. This exception is disallowed.

The remaining exceptions take issue with all of the conclusions of law and essentially contend that Petitioner properly comes within the definition of a church or church organization. Petitioner's contentions are basically the same contained in its brief filed prior to the Initial Decision in this case. It contends that being an organization formed for religious purposes it comes within the definition of a "church" and that the term "church organization" must have an even broader meaning than the word "church". It considers the interpretation of those words in prior Postal Service Decisions to be unduly restrictive.

Judge Sobernheim rightly pointed out in Conclusion of Law 6 that he was deciding this one case and it does not present the record for exploration of the limits of the concept of "church organization" or for more precise definition of the meaning of the term under postal law. In the petition which instituted this administrative appeal proceeding, Petitioner set forth its function as a church on the limited basis of the distribution of religious literature. The record is consistent with this pleading. Petitioner is quite correct in contending that form should not be placed over substance in reaching a result in this case. The publishing of a religious periodical is a worthy purpose. However it does not make the publisher a "church" or a "church organization" within the meaning of the act of Congress, as indicated by the legislative history of the act and previous Postal Service Decisions interpreting it.

Accordingly, I have no recourse but to agree with the result reached in the Initial Decision and uphold the annulment of Petitioner's second class privileges. As emphasized in the Initial Decision, this is without any prejudice to Petitioner to apply for second class privileges if it believes itself entitled thereto under any other provisions of the postal laws or regulations.