Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, January 31, 1911, Page 3, Image 3
FMMEHS' SCHOOLS WILL STOP RUSH FOR THE CITY Governor Eberhart Gives Plans by Which Farms Can Be Built Up ST. PAUL. Minn., Jan. fl—The deeer tion of the farms, the rush to the cities, the need for better, more capable brains on the (treat tracts of land where a na tion's food supply is produced have been mighty interesting problems to Adolph Olsen Eberhart, governor of Minnesota. He has thought much of those problems, and out of it all he has devised a plan, which, he believes, will relieve the con ditions of today and build the farms up to the place they should be. “The repopula*ion of the rural dis tricts and th* presence or the prospect of the abandoned farm is a subpect of interest in almost every state tn the country,” Governor Eberhart says. ‘The farmer is the foundation of all our pros perity. and we should devote more at tention to him and his surroundings. W e must bring to the rural common school the vocational and industrial training that is so freely offered in the cities, but which actually reaches only a very small percentage of our population We cannot force people baea to the country unless we make country life attract ive and make it an advantage for peo ple to live away from the towns. MINNESOTA’S LESSON. “In Minnesota fce are attempting to build up consolidated schools. We have outgrown the district school with from S to 30 pupils. The only way to give the rural community the educational ad vantages of the city is to centralise a school district by uniting these small in stitutions into one big one, and there provide teachers of practical agriculture, manual training, household economics and ways of making the country home attractive and to transport pupils who live at a distance >to and from the schools. "There is little in family life on the average farm today that is attractive. Many youngsters go to the city to en joy educational advantages they cannot get at home and the numerous attrac tions of the city wean them away from th* farm. These consolidated school houses could be made the center of so cial life for a community. Music and home decoration could be taught in them. Farmers could meet there for all their co-operative organisations and it could be used for clubs, lectures and en-’ tertainmenis. TO LOWER LIVING COST. "The plan would ultimately mean a lot in stopping the increasing cost ot living, because th* principal cause of the latter is the decrease in the num ber of producers as compared with the increase i the number of consumers. It would m e the country attractive enough t people to stay Ln It. "We ha * suffered, too. by migration to Canada. The cause has been the ruin ing of the soil. In Minnesota many farm ers have been mining the soil instead of tilling It. We have to get the soil back to where It was, for it should yield from SO to 100 per cent more than it does. One aim of the consolidated school would be to teach the care of the and how to stop the reckless waste that has been going on for years.” Rome Registration ROME. Ga., Jan. 38.—Registration books for the city primary on February 2«, opened this morning. There will be 3» candidates in the field for seven ai dermen's places, and a lively campaign la in prospect. When The Stomach Stops Working Properly, Because There Is Wind In It, Use Stuart’s Dyspepsia Tablets to Set It Going Again. A Trial rackagv Tree. The doctors call it flatulency, but un professional folks know it as ”wind on the stomach.” and a most distressing state of things It la It is a serious con dition of this great motor organ. Al ways annoying and painful In the ex treme, at times often leading to bad and fatal results The siomach embarrassed and hampered with wind, cannot take care of its food properly and Indigestion follows, and this has a train too ap palling to enumerate. The entire sys tem is implicated—made an active or passive factor In this trouble and life won becomes a questionable boon. All this is explained in doctor books; how undigested food causes gases by fermentation and fomentation in which process some essential fluids are destroy ed—burnt up—wasted by chemical action, followed by defective nutrition and the distribution through the alimentary tract of chemically wrong elements and as a consequence the stomach and entire sys tem is starved. Plenty of food, you see, but spoilt in preparation and worse than worthless. A deranged stomach is the epitome of evil; nothing too bad to emanate from it, but the gas it generates is probably its worst primary effect and the only way to do away with this Is to remove the cause. Stuart’s Dyspepsia Tablets go to the root of this trouble. They at tack the gas-making foods and render them harmless. Flatulency or wind on the stomach simply cannot exist where these powerful and wonderworking little tablets are in evidence They were made for this very purpose to attack gas-making foods and convert them into proper nutriment. This is their province and office. A whole book could be written about them and then not all told that might be told with profit to sufferers from this painful dis ease. dyspepsia. > It would mention the years of patient and expensive experi ment in effort to arrive at this result— of failures innumerable and at last suc cess It would make mention of the different stomach correctives that enter into this tablet and make it faithfully represent all. Stuart's Dyspepsia Tablets are not alone intended for the sick, but well folks as well; for the person who craves hearty foods and wants to eat heartily and run no risk of bad effects, they act like a charm and make eating and diges tion a delight and pleasure. They keep the stomach active and energetic and able and willing to do extra work with out special labor or effort. Don’t forget thia Well people are often neglected, but the Stuart Dyspepsia Tablets have them in mind / A free trial package will be sent any one who wants to know just what they are. how they look and taste, before beginning treatment with them. After this go to the drug store for them; everywhere, here and at home, they are 50 cents a box and by getting them at home you will save time and postage. Tour doctor will prescribe them; they •ay there are 40,000 doctors using them, but when you know what is the matter with yourself, why go to th* expense of a prescription? For free trial pack age address F. A. Stuart Co., 215 Stuart Building. Marshall, Michigan. THE JOURNAL IS SUSTAINED; INDICTMENT THROWN OUT OF COURT BY JUDGE’S DECISION (Continued from page One column 2 and 3.) records freely offered them from top to bottom. Finally the grand jury was summoned. It took up The Journal cae first. Urged by Mr. Akerman it indict ed The Semi-Weekly Journal without ever hearing from a single individual con nected with The Journal who knew anything about the questions involved, with out even summoning a single one. Without giving the officials of the paper the slightest c*?**c* co show the ab surdity of the charge, which could have been made manifest by ths examination of anybody acquainted with the facts, the paper was indicted for the heinous crime of “conspiracy to defraud the government.” Whether or not the gentlemen who composed the grand jury regretted al most immediately the hasty action they had been led into, cannot be stated, but certain it is that when the time ca me to indict the Constitution they de manded that the matter be approached in an entirely different way, and that when they did dispose of that matter, the charges fell to the ground, just as The Journal charges fell when they w ere subjected to the light of day. , GEORGIA WAITS FOR COLLEGE ON WHEELS ( Continued from Page One ) era and others interested may attend. I feel that all fa’rmers and business men of Stillmore and vicinity will be interested in your work and will gladly avail themselves of the opportunity of hearing your lectures and seeing the exhibits.” E. H. Clay, mayor of Marietta, writes: “The city of Marietta ap preciates very much the fact that the agricultural train will stop in Mari etta on the !3rd of March. I will immediately take up the matter with the city council, board of trade, news papers and superintendent of our pub lic schools, and I assure you that Marietta will give you a hearty wel come.” J. F. GRAT INTERESTED. J. F. Gray, secretary of the Savan nah chamber of commerce, offers co operation and support. “Tou are doubtless aware of the ef forts which have been made in Chat ham county for the past few years to wards agricultural development,” says he. ’’We feel that the coming of this train to Savannah would not only ac celerate this development but would be of Incalculable advantage to those who are already engaged in agricul tural pursuits in Chatham ana con tiguous counties.’ 1 Mayor Wesley Shropshire, of Sum merville. writes: “We gladly receive the message and trust nothing may prevent your coming. Our people will take care x>f your coming.” Hon. N. H. Ballard, superintendent board of education, Brunswick, says: 'lt will be my pleasure to co-operate tn every way in making your visit to Brunswick successful and pleas ant.” County School Commissioner B. B. Bush, of Miller county, writes:. ”1 can assure you that the information of your proposed visit through my town is a source of pleasure to me. Kindly advise me the exact date of your appearance in Colquitt as early as possible as I want a large turnout of school children to meet you.” Mayor D. A. Carmichael, of Union City, writes: “It affords me great pleasure to lend you every assistance possible in having a good audience for you at Union City. We will have the school children from the sixth grade up with their teachers to meet the train.” TO OSLERIZE ANIMALS MEETS WITH PROTEST NEW TORE, Jan. M.—The Society for ths Prevention o* Cruelty to Animals has met a rebuff from the New Tork city authorities In ijs effort to have all wild animals in the city zoos chloro formed when they reach the age of 25 years. The park commissioner in his re ply to the society’s petition, declares that he is convinced after an investiga tion that no such rule should apply in all cases. He would sooner see the Os ler theory of man's years of usefulness adopted, he adds. • In support of his position, the com missioner cites a 38-yegr-old rhinoceros, “Old Smiles," who is in the Bronx zoo and is regarded as still in his prime, while Nellie, a Cap* Buffalo with pink skin and white hair, has been in the park more than 30 years, and is still well preserved. There are several ani mals in the menageries which have passed the 8. P. C. A.’s average and are considered sound and healthy. To kill them, the commissioner thinks, would be wanton destruction as their longevity is proof that they are contented under good treatment. ARRESTED~FOR theft OF $2,000 OF SILVER MACON, Ga. Jan. 38—Bert Vicery, alias Bert Peoples, of Jacksonville, Fla., was arrested in Jacksonville last night on information furnished by Macon po lice, charged with the theft of $2,000 worth of silverware from the home of Walter Porter, of Jacksonville. Some time ago Vlckwy and one Fred Johnson were arrested here on suspicion, after selling. It Is claimed, much silver ware to women in the restricted district. Nothing could be proved at the time and both were released. The silverware sold here was taken from the purchasers and has since been identified as the property of Porter, of Jacksonville. The drag net is out for Johnson, but be has not- been located aa yet. AUGUSfA~WILLrHAVE ' FLEET OF AEROPLANES AUGUSTA. Ga., Jan. 28-That a fleet of three aeroplanes will be stationed in Augusta, Including the one used by Frank Coffyn at the Wright School of Aviation, within three weeks, is now as sured. Starling Burgess and George Manner, Boston millionaires, and pupils of the Wrights, having ordered their machines shipped to this place as soon as they can be made ready Both machines will be of the Wright biplane type and made especially to the order of these individuals. Mr. Burgess is studying the Wright machine with a view to its manufacture under a li cense. Another Boston pupil. Greely 8. Curtiss, will arrive in a short time. TENNESSEE IS SUED BY ARKANSAS STATE MEMPHIS. Tenn., Jan. 26.—Carruthers Ewing, of Memphis, has announced that, acting as solicitor for th* attorney gen eral of Arkansas, he has filed suit in the United Statee supreme court against the state of Tennessee involving the right ot jurisdiction ove? 12,000 acres of land, the purpose primarily being to have the boundary line between the two states definitely established. UNIFORM SIDEWALKS FOR THE ENTIRE CITY NEW LONDON, Conn.. Jan. 26.-As a re sult of action taken by the common coun cil New Ixindon will be one of the first cities of the United States to have uni form sidewalks throughout. The council will lay 30 1-2 miles of granolithic walk at an expense of $144,000. Work will be gin shortly and two years will be re quired before it is completed. THE ATLANTA SEMI-WEEKLY JOURNAL, ATLANTA, QA„ TUESDAY, JANUARY 31, 1911.. PIEDMONT AND GORDON TO HAVE ANNUAL DEBATE DEMOREST, Ga.. Jan. 27.—The third annual debate between the Academy de partment of Piedmont college, Demorest, and Gordon institute, Barnesville, will take place in Barnesville March 24. The subject of the debate is: "Resolved, That United ♦ States senators should be elected by popular vote.” Gordon will sustain the affirmative side of the question, and will be represented by W. D. Brannen, of Statesboro, and G. H. Hays, of Covington. Piedmont will be represented by Ed Keener, Dem orest, and Herbert Green,/ Anderson, S. C. Piedmont has been successful in the two preceding debates, and much inter est is felt in both schools as to the result of this which, if won by Pied mont, will give them three out of five debates planned. HE MUST PAY DUTY~ ON PANAMA HATS NEW ORLEANS, Jan. 27.—Dana G. Putnam, of Los Angeles, ran afoul of the United States custom officers here yesterday and the experience will probably cost him $257.55. Putnam arrived on the steamer Atenss from Colon, and failed to de clare six Panama hats which the in spector discovered in the pocket of Putnam’s rain coat. When the inspector drew the hats from their hiding place Putnam de clared he did not know goods from Panama were dutiable. The explana tion was not satisfactory to the in spector, who placed the case before the United States commissioner. If de clared, the duty on the bats would have been $17.85. BARNESVILE CHAMBER HAS NAMED SECRETARY BARNESVILLE, Ga„ Jan. 27.—Wil liam Wakefield, of Boston, has been se lected as the permanent secretary of the Barnesville Chamber of Commerce, and has accepted the position. He is strong ly recommended as a suitable man for the place and has made a good impres sion here. The committee authorized to carry on negotiations took time an! considered a number of gentlemen be fore deciding (*x>n Mr. Wakefield. The business men of Barnesville have put up the money for supporting the organization for the next twelve months and a persistent effort will be made to boost his city and section. HITCHCOCK ARRESTED FOR CHICAGO THEFT MOBILE, Ata., Jan. 27.—Sharp Hitch cock, strike-breaking garment worker, whose home is in this city and who was arrested yesterday in Chicago, 111., on the charge of burglary following a desperate battle on an elevated train when he attempted to shoot Walter Wright, of that city, his captor and ac cuser, has a long police record here. Five years ago Hitchcock was convict ed and sent up for four years at Atlanta, Ga.. prison for robbing a postoffice and breaking open United States mail boxee, and while serving sentence confessed to robbing a Mobile jewelry store of thou sands of dollars' Worth of diamonds. CHINESE COOLIES DEATH FROM NATURAL CAUSES WASHINGTON, Jan. 27,-The Chinese coolie whose death was believed to have been caused by violence and which was the direct cause of the riots at Han kow on Sunday, died from natural caus es, according to the findings of the in quest held by the Chinese officials over the body. This fact has been reported to the state department in a cablegram from American Consul General Mosher, at Hankow. Chinese residents suspected the coolie had been killed by the police. This led to the riots, which resulted in the death of seven persons, and the wound ing of 30. “PONfOON”PEACdCK/’ WAR, VETERAN DEAD CHICAGO, Jan. 27.—Robert Peacock, known among veterans of the civil war aa "Pontoon Peacock,” died here yester day, after a year's illness. Mr. Peacock was a member of the famous “Sturges Rifles.” He had charge of the force which laid the corduroy road and built bridges across the Chiea hominy swamps, which enabled General Franklin to cross and fortify Malvern Hills. The feat earned for the construc tor the nickname of “Pontoon Pea cock.” OLIVER P. SMITH CAUGHT IN INDIANAPOLIS, IND. CINCINNATI, Jan. 27.—Oliver P. Smith, for whom the police have been searching since the murder of his wife at their homo in this city last Wednes day night, has ben arrested in Indianap olis, Ind., according to information re ceived by J the local polfce today. Mr. Smith was a lodging house keeper and mission worker. .Immediately after the klling Smith disappeared. A warrant for his arrest on the charge of murder was sworn out yesterday.' ' FLORIDA’S DINSMORE FARMS Are being «o|<! by old-time, well-known Florida people, not speculators. These farms are almost within the suburbs of Jackson ville, H«.—only 10 miles. Two (2) rail roads, with stations, on the property; water transportation and two paved automobile roads. On the main line of the "New York to Florida Limited.” Best lands and best location In the State for fruits, nuts and vegetables. The price is not padded; you get in on the ground floor. Therefore, we will sell you a farm at first cost. S3O an acre, and on the easiest of terms: $lO cash and $lO per month, without interest; posses sion given at once; write us. The Dinsmore Company. J. B. Dunn. Secretary and Gen eral Manager. Jacksonville. Fla. A g Aft MONTHLY and expenses to trust aS IUU wor tby men and women to travel “ ■ "we „nd distribute samples; big min ufseturer. Steady work. S. Scheffer, Tress., W.L. 106, Chicago. HECimcrn WILL BE HURRIED THRDUGH Bl TIFT Will Call Extra Session If Pre sent Congress Does Not Take Action WASHINGTON, Jan. 28.-To carry into effect the terms of the reciprocity agree ment concluded by representatives of Canada and the United States last Thursday, and which was placed before congress that day by President Taft with a special message urging legislation on the subject, the first move was made to day when Representative McCall, of Massachusetts a member of the ways and means committee of the house, pre sented the administration bill on the sub ject. The bill was referred to the com mittee on ways and means, which will take it up next week. M’CALL TO DIRECT. The introduction of the bill by the Massachusetts member, instead of Mr. Payne, of New York, chairman of the ways and means committee, occasioned some comment. It is interpreted in many quarters to indicate that Mr. McCall will take a prominent part in steering the bill through the committee *nd in en gineering its progress upon the floor of the house. While members of the committee which has the first consideration of the new trade agreement decline to discuss their prospective attitude upon the measure, it has become fairly well established that the bill to put the new rates into effect will pass through the commitee and come upon the floor of the house within a comparatively short time. The first move of the committee will be to take up the bill at the meeting early in the week and determine if any hearings will be held upon the measure. It is the opinion of several members of the committee now that if certain dele gations representing industries seriously affected by the lowering of tariff rates wish to be heard by the committee, gn opportunity will be afforded them before any final action is taken. SHORT HEARINGS. There will be no extended hearings, however, and no opening of the bars to all the tariff arguments that might be introduced for and against the terms of the new commercial arrangement. Members of the committee believe that the facts bearing upon the various items would be fully elicited In the hearings held during the preparation of the Payne-Aldrich bill; and that to renew ex tensive hearings upon the reciprocity agreement would needlessly and danger ously delay Its consideration by the house. FUTURE UNCERTAIN. The form of the bill introduced by Mr. McCall Is such that its future considera tion in the house is a matter of uncer tainty at the present time. As a bill *to raise revenue it will be subject to amendment and change, unless a rule of cloture is first put through the house prohibiting amendments and forcing the house to vote upon the reciprocity agree ment as a whole. Thme negotiations with Canada result ed in a definite and concrete arrange ment which can not be changed in any particular without upsetting the balance and the effectiveness of the whole agree ment. For this reason It is the opinion of those wiio favor the approval of the Can adian pact that the ways and’ means committee aad the rules committee will have to prepare ’g rule to precede the bill into the house, providing for its consideration as a whole and without amendment. The Impression has been strengthened that President Taft’s determination to secure action upon the reciprocity meas ure at this session is such that he will resort to an extra session if it becomes necessary to bring the matter to final consideration, in both houses of con gress. The extra session talk has caused no little worry at the capitoi. TRADE FIGURES Figures of the 1910 trade movements between Canada and the United States in the more important of the articles named in the pending reciprocity agree ment were completed today by the bu reau of statistics of the department ot commerce and labor. They are: IMPORTS Article, boards, deals and planks, value $17,429,124; flaxseed or linseed, $6,430,509; wood pulp, $4,966,536; coal, $4,508,120; fish, $3,613,688; printing pa per, $1,983,972; cream, $1,884,173; laths, $1,707,069; shingles, $1,470,893; hay, sl,- 464,429; flour, $850,246;. horses, 8815, 819; sheep, $357,190; oats, $249,859; fruit and nute. $176,273; coke, $169,529; butter, $137,562; cattle, $121,303; wheat, $119,898; potatoes, $29,000. EXPORTS. Coal, $32,515,003; boards, deals and planks, $7,610,201; fruits and. nuts, $183,- 012; corn, 35,567,199; automobiles and parts of, $6,006,725; agricultural imple ments, $4,321,198; horses, $3,262,740; coke, $2,876,700; traction engines, $2,186,588; timber, $1,638,742; pork, pickled. $1,296,- 193; cottonseed oil, $1,111,443; lard. $1,086,- 635; whettjt, $1,063,403; clocks and watches, $969,837; tinplates, $881,719; barbed wire, $766,491; fish, 567,949; hams, $480,095; print ing paper, $446,614; cattle, $318,072; bacon, 311,192; staves. $234,489; flour, $192,043; hay, $161,435; potatoes, $155,814; butter, $59,064; windwills, $55,635; woodpulp, $49,- 486; fresh beef, $14,085. ' IS EPILEPSY CONQUERED? New York Physicians Have Many Cures to Their Credit NEW YORK, Jan. 30.—Advices from every direction fully confirm previous reports that the remarkable treatment for epilepsy be'.ng administered by the consulting physicians of the Dr. Water man Institute is achieving wonderful re sults. Old and stubborn cases have been greafly benefited and many patients claim to have been entirely cured. Persons suffering from epilepsy should write at once to Dr. Waterman Insti tute, 122 East 25th St., Branch 16, New York, for a supply of the remedy which is being distributed gratuitously. OPEN SESSION HELD” ON LIQUOR MEASURES MONTGOMERY, Ala., Jan. 26.—The temperance committee of the house of representatives will hold an open ses sion a$ the capitoi tonight to hear all persons who may desire to speak on the administration local option bill, intro duced in the legislature this *ek. In dications are that the session will be a rousing one, with pro and anti-llquor forces well represented. Chairman John V. Smith, of the com mittee, announces that it is desired to give the discussions the widest public ity in order that everyone might know what is being done. Dufour Withdraws NEW ORLEANS. Jan. 26—Judge H. L Dufour, of the state appellate court, late last night Issued a statement withdraw ing his name as a candidate for the Democratic nomination as associate 'jus tice of the state supreme court, to suc ceed Judge Nicholls, resigned. Judge W. B. Somerville is the only remaining can didate for the honor. The primary' is set for February 7. HERE IS JUDGE NEWMAN’S DECISION; IT VINDICATES SEMI-WEEKLY JOURNAL’S RIGHTS AS AN PAPER UNDER LA W Continued from Page 1, Columns 4, 5 and 6. sent from a news agency to actual subscribers thereto, or to other news agents shall entitled to transmission through the mails at two cents per pound, or a fraction thereof, such postage to be y prepaid, as now provided by law. Sec. 14. “That the conditions upon which a publication shall be admitted to the second class are as follows: First. It must regularly be issued at stated Intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively. Second. It must be Issued from a known office ot publication. Third. It must be formed of printed paper sheets, without board, cloth, leather, or other sub stantial binding, such as distinguish printed books for preservation from periodical publications. / Fourth. It must be originated and published for the dissemination of information of a public character or devoted to literature, the sciences, arts or some special industry, and having a legiti mate list o£ subscribers; Provided, however, that nothing herein contained shalL.be so construed as to admit to the sec ond-class rate regular publications designed primarily for advertising purpose, or for free circula tion, or for circulation at nominal rates. - Subsequently in the act of congress approved March 3rd, 1885 (25 Stat, at Large, 387) it was enacted: all publications of the second-cluss, except as provided in section twenty-five of said act, when sent by the publisher thereof, and from the office of publication, including sample copies, or when sent from a news agency to actual subscribers thereto, or to other news agents, shall on and after July Ist, 1885, be entitled to transmission through the mails ato neent a pound or frac tion thereof, such postage to be prepaid as now provided by law.” in the act of congress approved June 9th, 1884 (23 Stat, at Large, 40) there is this provision: “That the rate of postage on newspapers and periodical publications of the second-class, when sent by other than the publishers or news agents shall be one cent for each four ounces or frac- f tional part thereof, and shall be fully prepaid by postage stamps affixed to said matter.” These three acts, so far as I am aware, are the only laws, that is, the only acts of congress, material to the question involved here. „ AS TO POSTAL REGULATIONS. It will be seen that the only substantial difference between the act of 1879 and that of 1885 is that the postage, which was two cents per pound under the former act, was reduced by the latter act to one cent per pound. A rule was promulgated by the postmaster general, taking effect, as I undrestand It, January Ist, 1908 (see the postal laws and regulations pertaining to the second-class of mall matter. Corrected to March Ist, 1910, page 20), which is as follows: . “Sample copies of publications entered as second-lass matter shall be accepted for mailing at the second-class postage rate of one cent a pound to the extent of ten per centum of the total weight of capies mailed to subscribeds during the calendar year, etc., etc.” This is the regulation referred to in the indictment, which, as has been stated, it is conceded is not of great materiality here, and Is only set out in the indictment as a matter of inducement. It is unnecessary, therefore, to determine whether the regulations of the postmaster general, changing the number of sample copies which may be mailed as seeond-class matter at one cent a pound from one hundred per centum, as was formerly the rule, to ten per centum, as provided in the mote recent rules. Is a reasonable regulation and con sistent with the acts of congress of 1879 and 1885- UNNECESSARY TO DETERMINE. That the postmaster general may make rules and regulations not antagonistic to or inconsistent with law, that is with the acts of congress, which would be binding and effective, and in some cases, have the force and effect of law, will be readily conceded. Whether this regulation changes the law to an extent whfch would be beyond the power of the postmaster general it will be unnecessary now to determine in view cf what is conceded by counsel for the government. The distinct question Is, therefore, whether, under the facta set out in the indictment, copies of Ths Semi-Weekly Journal, which it was proposed to mail, and which were mailed, were entitled to the one qfent per pound rate. 4 The copies of The Semi-Weekly Journal jailed, it is not, and there is no charge to the contrary, were additional copies of the regular Semi-Weekly Journal. , This publication had all the qualifications necessa ry to admit it to the mails* as second-class matter, un d it had been so admitted. INDICTMENT CHARGED NO VIOLATION. • Under the acts of 1879 wnd 1885, all publications of the second class (as this was), when sent from the office of publication, are entitled generally to transmission through ths mails at 1 cent a pound. The act of 1879 expressly provides that nothing therein contained ’ sh«ll be so construed as to admit to the second class rate regular publications designed primarily for advertising purposes, or for free circu lation or for circulation at nominal rates.” There is nothing whatever In the indictment that charges expressly, even if it could be construed to charge the same interentlally, any of the three requisites tb exclusion from the second class rate contained in this proviso. It does not charge that this publication ,wa» “designed primarily for advertising purposes” or that it was “for free circulation” or “fdr circulation at nominal rates.” The only thing that Is charged, fio far as it can 'be said to hint at this matter at all, is that these papers were not sent to regular subscribers. It has not been contended here, as I under stand it and it certainly could not be plausibly contended, that under the acts of 1879 and 1885 papers which may be sent by the publisher from the office of publication under the second class rate are to subscribers only. It is only provided “that when sent from news agencies to actual subscribers, etc., and not when sent by publishers from the, office of publication. || I have been handed, by Mr. Akerman, specal assistant to the attorney general in the prosecution of J this case a pamphlet published by authority, and containing a letter from the third assistant postmastefl general to Senator Bacon, with the statement on his . part (concurred in by defendants’ counsel! It could be properly referred to and considered as a public document by the court in this case. In his lettoM the Hon A L Lawshe, third assistant postmaster general, says: “It has long been the policy of tbV department and in my opinion very properly so, to regard as a component part of a legitimate list oM subscribers’ copiss sent as bona fide gifts from one person to another, copies sent to advertisers to the insertion of their advertisement and copies sent as exchanges with other publications of the second ] class and copies sent as complimentary by the publisher to his friends, and there has been no cnange in 1 policy in that regard where such practices are not for the purpose of forcing circulation. Further more, copies ma.lled in fulfillment of so-called campaign and political subscriptions will continue to be accepted at the publishers* usual second class rate.” . It seims perfectly clear, therefore, that there are many ways in which, taking the views of the third assistant postmaster general in charge of these matters, publications could £o through the mails to others ; han regular subscribers and* be entitled to the 1 cen t a pound rate. THE POSTMASTER GENERAL’S OPINION. At another place in the publication to which I have referred, containing the letter to Senator Bacon, Is an address hy Mr. Lawsh*. third assistant postmaster general, published and issued by the postoffice department in which he uses this expression: “Speaking for the postmaster general, as well a<s for myself I may say that legitimate publishers have nothing to fear from the present administration of the Dostoffi’ca department. By legitimate publishers I mean that class of publishers who conduct a clean business in a clean way, and do not attempt, by questionable practices, unlawful subterfuges, and covert methods to evade a reasonable construction of the law excluding from the pound rate publications designed nrimarlly for advertising purposes for free circulation or for'circulation at nominal rates.” So that the purpose of the postoffice department, as thus shdwn, is to apply the proviso to the act of 1879 and exclude from the second class rate "publications designed primarily for advertising purposes, for free circulation or for circulation at nominal rates." • it is manifest, therefore, that if to deprive the oublisher of the right to the 1-cent a pound rate, it must be issued and circulated for one of the numoses named, there Is no real offense charged tn this indictment. It would certainly not be a con spiracy to defraud based on a scheme which sought only to do that which the law allowed, and that is conceded by the able counsel for the government here. I think we are all agreed that if, under the facts set out In this indictment, it does not appear with reasonable certainty and clearness that'this publication was not entitled to the pound rate, that is the rate of 1 cent per pound, no offense is statA under and "schemes to defraud” are not sufficient unless the facts set out in connection therewith Justify such charges. / ' •. L- ‘ t FAILS TO CHARGE AN OFFENSE. I do not pass upon any of the other questions ip this case, which it is unnecessary to decide. I do hold however, that this indictment is insufficient because it fails to charge an offense under the proviso to the act of 1879 that is, that the scheme set out contemplated the sending of papers through the mail* not only to others than regular subscribers, but also that they were designed primarily for advertising numoses or for free clrcutMlon, or for circulation ait nominal rates. These are the only instances, under the acts of congress, In which a publication having the other requisites and admitted to the second class, would violate the law by mailing under the second class rate. In a case like this charging a criine under section 5440 of the revised statutes, it should not be nec essary to aether the cape from mere inference, but it should charge, with reasonable certainty, that which would constitute ah offense under the law. Many authorities might be cited in support of this. In United SWtes vs. Mann, 95 United States 580. this is said by Mr. Justice Clifford, speaking for the supreme court (p. 583): Offenses created by statute as well as offenses at common law consist, with rare exceptions, of more than one ingredient, and the rule is universal, that every Ingredient of which the offense , is composed must be accurately and clearly expressed in the indictment or information, or the pleading will be held bad on demurrer. United States vs. Cook, 17 Wall, 168; 1 Bishop, Cr. / Pro (2d ed.), sec. 81; Archb. Cr. Pl. and Ev. (18th ed.), 54. In Pettibone vs. United States, 148 U. S. 197, Chief Justice Fuller, delivering the opinion of the court, says this, which is pertinent here: The general rule with reference,to an indictment is that all the material facts and circum stances embraced in the definition offense must be stated, and that, if any essential ele ment of the crime is omitted, such omission cannot be supplied by intendment or implication. The charee must be made directly and not tfterentlally or byway of recital. United States vs. Hess, 124 U S 482 486 And in United States vs. Britton, 108 U. 8. 199, it was held in an indictment for conspiracy’ under section 5440 of the revised statutes, that the conspiracy must be sufficiently charged, and cannot be aided by averments of acts done by one or more of the conspirators in fur x therance of the object of the conspiracy. NO EVIDENCE OF CONSPIRACY. The attention of the court has been called to a regulation In "the postal laws and regulations pertaining to second-class of mail matter,” referred to above. In which it is said, in concluding a rule, (p. 21: ‘'The regular mailing of large numbers of such copies tends to show that the publication is ‘designed primarily for advertising purposes or for free circulation or for circulation at nominal rates.’ There is nothing whatever in this Indictment to show .that The Semi-Weekly Jourpal “regularly” did what they are charged with or that the defendants conspired to do so regularly. Only three Instances are set out in the overt acts. This regulation seems to be notification to publishers as to what would exelude them from the second-clais rate, or at least, would cause inquiry as to whether they were entitled to it. It clearly evidences, however, the fact that the postofftce. department will test the right to the second-class rae by the proviso to the act of 1879, which lias been several times referred to, and that they will not give the second-class rate unless they come within the terms of this proviso. I have gone over the rules and regulations of the postofice department and all the literature which has been handed me, and which it is agreed may be properly used in passing upon this demurrer, and it appear* very clearly that the main purpose of the postoffice department is to exclude from the second-class rate what • are sometimes called “fake” publications, that is, publications designed primarily and mainly for advertising purposes of for free crculation or for circulation at nomnal rates, and not to exclude well recognised news papers, regularly published and Intended for the dissemination of news, or for the discussion of current top ics and intended to contain interesting reading matter, and I v think it may be seriously doubted whether the proviso to the act of 1879 wag Intended for real newspapers of the class Indicated, or to additional copies of such newspapers, sent to other thin regular daily, weekly or semi-weekly subscribers. It is unnecessary to determine this latter proposition, however, because, as I have said, it certainly does not apply to addi tional copies of a real, genuine newspaper unless the same were intended primarily for advertising pur poses, or for free circulation, or for circulation at nominal rates. In my Judgment the Indictment fails to state a case under the law, and the demurrer to it must be usa> tained for the reasons above given. This 30th day of January, 1911. _y.. U. S. Jud ge. f . 3