Without this financial return, the general and extensive coverage of news, local, national and world-wide, would be impossible; and the more valuable functions of the newspaper would be severely handicapped and circumscribed.
All of this melange is contained in what are known as special sections of the paper. There is the advertising section, the home section, the magazine section, the financial section, the sports section and the news section, each with its appeal to various members of the family. The collection in its entirety is recognized as a Newspaper and is carried and distributed as such without distinction as to sections. Each section is thus an integral part of the newspaper, made so not because it is physically folded in a news section, but because it has assumed the character of the journal of which it is a part; and each bears at its masthead the name of the publication of which it is a part.
Since then, when included with the balance of the sections of the 'newspaper', comic supplements are part of such newspaper, it seems a bit contradictory to say that it loses its character when it is not in company with the other sections though destined for no other purpose than union with such other component parts of the total bulk, which later may be known as the Sunday Mirror, or the Sunday Newark News, or the Sunday Herald Tribune. Just as a magazine meant for sale as an independent publication cannot acquire the status of a newspaper part simply by being folded with the news section of a newspaper, so e contrario, a comic supplement is not deprived of its character as part of a newspaper simply because it is not yet placed in physical contiguity with the rest of its fellow parts that go to make up the modern intelligencer. It has no character of its own, nor is it intended for sale separate from the balance of the newsprint with which it makes up the journal.
There does not seem to be much weight to the contention that the comic supplement is printed in a plant other than that in which the news items are set up. There is no warrantable limitation on a newspaper publisher as to where the parts of his paper may be composed and reduced to visual condition or who shall do it for him. Convenience, economy and other such conceivable considerations may influence the place of production of the whole newspaper or its parts, without affecting the character of the finished product.
Congress in its decision to exclude newspaper distribution from the operation of the statute was affected by easily recognizable zeal to ease the burden of newspaper publishers in the distribution of their product, and it is not unreasonable to recognize that the desires and convenience of the reading and scanning public prompted this concern for the producers of newspapers. And who shall say that the elders of the family, as well as juniors, are not enraptured by the adventures of The Yellow Kid, Mutt & Jeff, Superman, Lil Abner, Joe Palooka, Orphan Annie and the other miscellaneous improbabilities which appeal to the minds of our day, the law of supply and demand being what it is? Or that only the older members of a family are to be considered, in so far as their newspaper predilections are concerned?
References to these cartoon figures are contained in editorial comments, which it might be noted in passing, could possibly account for the seeming familiarity of the Court with such Antic personalities.
It is not for this court to express any opinion on the quality of the commodity in question or its educational value. Suffice it to say that the foregoing considerations lead to the conclusion that comic supplements, so called, for good or ill, are to be deemed to be within the term newspaper as comprehended in the act in question.
Since this finding is dispositive of the whole question, and is conceded to be so, by both parties to the controversy, let an order for final judgment be submitted for entry.
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