Houghton v. Payne

by Henry Billings Brown

United States Supreme Court

194 U.S. 88

Houghton  v.  Payne

 Argued: March 10, 1904. --- Decided: April 11, 1904

This was a bill in equity originally filed in the supreme court of the District of Columbia by the firm of Houghton, Miffin, & Co., against the Postmaster General, praying that a certain publication, known as the Riverside Literature Series, be entered and transmitted through the mails as second-class mail matter, and for an injunction to restrain the cancelation of a certain certificate of entry, previously issued, allowing such transmission.

The answer denied that the Riverside Literature Series constituted a periodical within the meaning and intent of the statute; that, although complying with the external characteristics and conditions of second-class mail matter, nevertheless, internally and in substance, they have not the characteristics of second-class matter, but have the peculiarities of books, and are in fact books.

The case was heard upon the pleadings and an exhibit of the series, and a decree rendered in accordance with the prayer of the bill. 31 Wash. L. Rep. 178. An appeal was taken to the court of appeals of the District of Columbia, which reversed the decree of the supreme court, and dismissed the bill. 31 Wash. L. Rep. 390.

Mr. Justice Brown delivered the opinion of the court:

Notes