Automatic Age

Issue: 1930 August

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IN V E S T IG A T E
A D V E R T IS IN G
A S
D IS G U IS E D
N E W S
The Post Office Department is deter- word “ advertisement.” Failure of a pub­
ni’ned to put an end to the practice of lisher so to marke matter coming within
certain advertisers and advertising con­ the provisions of the law mentioned is
cerns in forcing many newspaper publishers made punishable by a fine of not less than
to print as straight reading matter or for
$50 nor more than $500.
editorial use publicity which comes within
In discussing the subject August 4,
the category of advertisements, it was an­ Frederic A. Tilton, Third Assistant Post­
nounced by the Department August 4.
master General, said:
Postal laws provide specifically, it was
“ It has come to the attention of the De­
stated, that ’’publicity matter inserted in partment that publicity articles are being
a publication as straight editorial or read­
offered by some advertising concerns to
ing matter must be plainly marked with
publishers for insertion as reading matter
the word ‘advertisment,’ ” and publishers
in copies of their publications mailed at
are made liable for a failure to mark such the second-class pound rates o f postage.
material.
The requests accompanying such publicity
Both the advertiser and the publisher articles give the publisher to understand
may be proceeded against on the ground
that if he does not comply with the re­
° f a conspiracy to deprive the Govern­ quest to insert the publicity matter in his
ment of its just revenue, and for this
publication he may not expect display ad­
offense the penalty may be a fine of $10,000 vertising. On the other hand, if he pub­
or imprisonment, the Department said.
lishes the publicity matter as reading
Publicity material is chargeable with the
matter he may expect to be favored with
zone rates of postage prescribed for the
display advertising.
advertising portion of publications, the
Must Be Marked
statement pointed out.
“ Matter inserted in a publication under
The announcement follows in full text:
the conditions above mentioned clearly
Acting on the complaint of a number of
comes within the purview of the act of
newspaper publishers throughout the coun­ August 24, 1912 embodied in the Postal
try, the Post Office Department has been
Laws and Regulations and must be plain­
conducting a quiet investigation into the ly marked with the printed word ‘adver­
methods pursued by certain advertisers
tisement’ in each copy and is likewise
and advertising concerns who have at­
chargeable with the zone rates of postage
tempted to wield a “ club” over the heads
prescribed for the advertising portion o f
of these publishers by threatening them
publications. Failure of a publisher so to
with the loss of display advertisements if
mark matter coming within the provisions
they did not use the publ'city matter sent
of the act ment;oned is made punishable
them as news or for editorial purposes.
by a fine of not less than $50 nor more
Penalty Prescribed
than $500.
Attention was called by the Department
“ The requests also imply that the ad­
today to the fact that under the Postal
vertiser expects the publisher to insert the
Laws and Regulations newspaper pub­
publicity matter as straight editorial or
lishers who comply with such reouests
reading matter without marking it with
from advertisers might be guilty of con­
the printed word ‘advertisement’ as re­
tributing to an act of conspiracy against
quired by law. If the publisher should
the Government in conjunction with the
advertiser in depriving it of its just revenue
and both of whom might be subject to a
W a n t e d C o m p le te O u tp u t
Penalty of not more than $10,000 or im­
of lc vending machine manufacturer
prisonment of not more than two years
by active national sales and distri­
°r both. The postal laws specifically pro­
vide that publicity matter inserted in a
buting organization. Address Box 80,
Automatic Age.
Publication as straight editorial or reading
matter must be plainly marked with the
© International Arcade Museum
http://www.arcade-museum.com/
114
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comply with such requests under the con­
ditions referred to and should insert the
matter in his publication without plainly
marking it with the word ‘advertisement/
thus withholding from the postal service
the fact that the matter is advertising
within the meaning of the law, and thus
lead to deprive the Government of its just
revenue, the action might constitute a con­
spiracy within the contemplation of the
Act of March 4, 1909, embodied in the
Postal Laws and Regulations, which read
as follows:
“ ‘I f two or more persons conspire either
to commit any offense against the United
States, or to defraud the United States in
any manner or for any purpose, and one
or more of such parties do any act to
effect the object of the conspiracy, each
of the parties to such conspiracy shall
be find not more than $10,000, or im­
prisoned not more than two years, or
both.’ ”
A
ge
At least half a million dollars worth of
business is done by roadside stands through­
out the country. Survey of the National
Stand Owners Association indicates that
there are between 110,000 and, 125,000 of
these stands, of which 65,000 remain open
the year round. Establishments of this
type are said to be increasing at the rate
of 3,000 a year.
— The Advertiser, N. Y. Evening Post.
It is a pretty generally accepted fact in
retail merchandising today that show win­
dows have a broader appeal— a broader us­
age— than merely to sell the goods that are
seen in them by the man or woman passing
by.
A store with particularly interesting and
varied windows attracts the attention of
people on the street. That store becomes
interesting to them and they are lured into
it where they become customers.
— Merchants Record.
Conspiracy Statute
It was stated orally on behalf of the
Post Office Department August 4 that the
conspiracy statute referred to is an act
of March 4, 1909, section 37, 35 Stat., page
1096 and section 1611 of the Postal Laws
and Regulations.
The conspiracy statute provides that “ If
two or more persons conspire either to
commit any offense against the United
States in any manner or for any purpose,
or, if any one or more of such parties
do any act or effect the object of the
conspiracy, each of the parties to such
conspiracy shall be fined not more than
$10,000, or imprisoned not more than two
years or both.”
The law requiring publishers to mark ad­
vertising as such is section 235, title 39,
Postal Laws. It reads as follows:
All editorial or other reading matter
published in any such newspaper, maga­
zine, or periodical for the publication of
which money or other valuable considera­
tion is paid, accepted, or promised, shall
be plainly marked “ Advertisement.” Any
editor or publisher printing editorial or
other reading matter for which compensa­
tion is paid, accepted, or promised without
so marking the same shall, upon convic­
tion in any court having jurisdiction, be
fined not less than $50 nor more than $500.
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