*1 104 TERM, OCTOBER 1903. Appellants.
Cоunsel for 194 U. S. statute; the of the language It was not thе function of the Postmaster General to in sit on thе judgment of policy legisla- tion and to determine the extent to which Congress should authorize the of expenditure public moneys. The of question wаs expense entirely for the legislative branch of the Govern- ment.
Something has also been sаid as to the discretion committed to the Post Offiсe in Department determining what is and what is not second class mailable matter. But what about the discretion with which Postmasters General previous hаd been when invested, many years they uniformly, held that such for. as the were second publications plaintiffs’ .class mailable mat- ter? Is the discretion оf one Postmaster General to be deemed of more the than discretion of five importаnce of his predecesr sors in office?
In оur the law is for the opinion appellants, аnd it should have been so adjudged. v.
SMITH PAYNE. APPEAL FROM THE APPEALS COURT OF OF THE DISTRICT OF
COLUMBIA. 481. April 10, 1904. No. March Argued 11, 1904. Decided periodicals What are and second class matter authority decided on оf Houghton Payne, ante, p. v. 88. This was a also filed thе firm of & bill, by Street Smith, to the Postmaster General from enjoin cancelling certain certifi- of entry admitting cates the of publications firm complаinant mail the mail as class to second mattеr. This case took the course as one. рreceding same the Mr. n Charles Moody Mr. L. with whom Traсy Jeffords, Fs were on Mr. E. Van Burén the for Oetty brief, and aрpellants. 1Ó5 v. SMITH PAYNE. Opinion of the Court. S. 194 U. Glassie, as- Henry and Mr. H. special John G. Johnson
Mr. for General, Attorney appellee.1 to the sistants *2 the the of court. Brоwn delivered opinion Justice Mr. different series of of several are the publishers Plaintiffs The Berthа Library, of The Columbia the names novels under The Medal Library, Detective Magnet The Library, Clay Arrow Series, The Eden The Library, The Undine Library, series are Thе books of these and some others. Library, numberеd class and are literature, of an inferior оf apparently are they indicate that thing but thе to consecutively; only of back the outside the is a notice upon issued periodicаlly or semi-monthly that are they weekly in small type сover publications. to the decree оf the moving us affirm considerations
The in case v. Houghton Payne, just the of of de- Appeals Court case, this and much to greater with cided, persuаsiveness apply bill is, the therefore dismissing decree the
Affirmed. in dissent this Harlan and The Chief Justice Mr. Justice their, in opinions stated in dissenting for the reasons casé Payne, Bates & Guild Co. v. ante, 88, and Payne, v. Houghton p. 106. p. post,
1 88, p. arguments, of .see ante For abstracts