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It is, therefore, recommended that the bill be further amended as follows: After the word “Arizona", line 5, page 2, change the colon to a comma and insert: "whenever all privately owned lands within said addition have been purchased and acquired as hereinafter authorized”. Very truly yours,

RAY LYMAN WILBUR. O

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Mr. HAYDEN, from the Committee on Post Offices and Post Roads,

submitted the following

REPORT

(To accompany S. 4235)

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The Committee on Post Offices and Post Roads, to whom was referred the bill (S. 4235) to prohibit the sending of unsolicited merchandise through the mails, having carefully considered the same, report the bill back to the Senate with the recommendation that the bill do pass without amendment. The text of the bill is as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter unsolicited merchandise which any person desires to send for the purpose of sale to the addressee shall not be accepted for mailing. The term “person,” when used in this act, means an individual, partnership, corporation, or association.

Sec. 2. If such unsolicited merchandise is deposited in the mails t shall not be delivered to the addressee, but, under such regulations as the Postmaster General may prescribe, shall be returned to the sender charged with postage due at double the regular rates to be collected from him upon delivery. On failure of the sender to pay such return postage the matter shall be d sposed of as other dead matter.

The object of the bill is to abate a general nuisance and annoyance to the public known as the buy it or return it plan of selling merchandise through the mails. The enactment of such legislation was recommended to the Seventieth Congress by the then Postmaster General in the following letter:

Post OFFICE DEPARTMENT,

Washington, D. C., January 9, 1928. Hon. W. W. Griest, Chairman Committee on the Post Office and Post Roads,

House of Representatives. My Dear Mr. Griest: I have your letter of the 4th instant inclosing a copy of bill H. R. 351, to prohibit the sending of unsolicited merchandise through the mails. This bill was introduced by Mr. Watson. You also inclose a copy of bill H. R. 3991, a bill upon the same subject, introduced by Mr. Watson in the last Congress.

The bill H. R. 351 makes some desirable changes from the provisions of the first bill and is approved by me.

Your attention is invited to what is said in my annual report for 1927, at pages 58 and 59, on the subject of sending unsolicited parcels of merchandise through the mails for sale. This statement described the condition as it exists in the service. Sincerely yours,

HARRY S. New, Postmaster General. The following is an extract from the Annual Report of the Postmaster General for 1927, above referred to:

UNSOLICITED PARCELS OF MERCHANDISE SENT THROUGH THE MAIL FOR SALE

The practice of using the mails for the purpose of sending unsolicited articles through the mails for sale is increasing to an extent which demands legislation prohibiting the same. Under this practice articles and merchandise are sent to addresses unsolicited and in the absence of any order therefor for the purpose of sale and with the request to transmit a price therefor. This places upon the addressee a burden of the receipt and attention thereto without any solicitation on his part and the necessity of returning the article or remitting for it, neither of which he is under obligation to do, or of ignoring the matter altogether. Following this he is subject to receipt of follow-up letters from the sender, all of which are annoying and some of which are abusive and threatening. The claim made by some that postage will be guaranteed or inclosed for the return of the article does not relieve the situation materially. It still puts the burden upon the recipient of keeping or returning the article, which is an uninvited annoyance to him.

The department receives many bitter complaints from individuals who receive such merchandise and from retail merchants, also from organizations such as merchants' associations, chambers of commerce, and others.

The Postal Service is a public service for the legitimate use of the people. It should not be made the instrument of a practice which works an uninvited hardship or inconvenience to recipients of mail matter subjecting them to annoyance and abuse. They have equal rights with the senders.

The attached letters show that Hon. Walter F. Brown, the present Postmaster General, has also favorably recommended the enactment of this legislation:

Post OFFICE DEPARTMENT,

Washington, D. C., May 6, 1929. Hon. LAWRENCE C. Phipps,

United States Senate. My Dear Senator Phipps; Referring to your letter of the 26th ultimo, requesting my views on S. 610, being a bill to prohibit the sending of unsolicited merchandise through the mails, I have to report as follows:

Legislation upon this subject has been pending before Congress for several years. On March 3, 1926, hearings were held before a subcommittee of the Committee on the Post Office and Post Roads, House of Representatives, on H. R. 3991, which had been introduced by Representative Watson, of Pennsylvania. This bill covered the subject now embraced in S. 610 and in addition had a penal provision. The views of my predecessor upon that bill were contained in a letter addressed to the chairman of the Committee on the Post Office and Post Roads of the House, dated January 26, 1926, such letter being printed on page 36 of the hearings above-mentioned. The views of the then Postmaster General were also incorporated in his annual report for the fiscal year ended June 30, 1927, on page 58.

Representative Watson introduced a new bill upon the subject (H. R. 351) in the Seventieth Congress upon which hearings were held on February 2 and 3, 1928. On pages 1 and 2 of the hearings will be found a letter in which the Postmaster General said that H. R. 351 provided desirable changes from the provisions of the first bill. My predecessor also renewed his recommendation for appropriate legislation upon the subject on page 55 of his annual report for the fiscal year ended June 30, 1928. I am transmitting herewith copies of the annual reports mentioned.

On March 9, 1928, Representative Watson introduced another bill (H. R. 11921), evidently designed as a substitute for H. R. 351, the principal change being the elimination of the penal provision contained in the bill first introduced.

I am in favor of the enactment of legislation designed to end the undesirable practice of sending merchandise for sale to people who have not ordered it. Sincerely yours,

WALTER F. Brown.

Post OFFICE DEPARTMENT,

Washington, D. C., January 28, 1930. Hon. LAWRENCE C. PHIPPS, Chairman Committee on Post Offices and Post Roads,

United States Senate. MY DEAR SENATOR PHIPPS: Answering your letter of the 24th instant relating to S. 610, a bill to prohibit the sending of unsolicited merchandise through the mails, I will state that in our judgment the bill would be improved by omitting therefrom the exception made in favor of religious, charitable, and eleemosynary institutions. While merchandise emanating from such sources is less objectionable than merchandise handled purely for purposes of individual profit, yet to most addressees such shipments constitute an annoyance. Moreover, the administration of the law would be rendered somewhat more difficult by having an excepted class. Very truly yours,

WALTER F. BROWN. The following is an extract from the Annual Report of the Postmaster General for the fiscal year ended June 30, 1929:

UNSOLICITED PARCELS OF MERCHANDISE SENT THROUGH THE MAIL FOR SALE

In preceding reports attention was directed to the practice of using the mails for the purpose of sending unsolicited articles through the mails for sale. There were hearings held before the Subcommittee of the House Committee on the Post Office and Post Roads upon a bill there pending, at which time the department presented urgent reasons why legislation should be enacted. However, no bill was reported out. The recommendation for appropriate legislation is renewed.

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