United States Supreme Court Cases & Opinions

U.S. Supreme Court

Donaldson v. Read Magazine, Inc., 333 U.S. 178 (1948)

Donaldson v. Read Magazine, Inc.

No. 50

Argued October 24, 1947

Reargued January 5, 1948

Decided March 8, 1948

333 U.S. 178

Syllabus

1. Where the Postmaster General has issued a fraud order under 39 U.S.C. §§ 259, 732, and later concludes that it is broader than necessary to protect the public, he has power to modify the order so as to make it less inclusive -- even though there be pending in this Court at the time a review of a judgment of a federal court of appeals affirming a judgment of a district court enjoining enforcement of the order. Pp. 333 U. S. 183-185.

2. The evidence in this case was sufficient to support the finding of the Postmaster General that respondents' advertisements of a so-called "puzzle contest" had been deliberately contrived to divert readers' attention from material, but adroitly obscured facts, and that respondents were conducting a scheme to obtain money through the mails by means of false and fraudulent representations in violation of 39 U.S.C. §§ 259, 732. Pp. 333 U. S. 185-189.

3. The fraud order statutes, 39 U.S.C. §§ 259, 732, as interpreted and applied by the Postmaster General in this case, are constitutional. Public Clearing House v. Coyne, 194 U. S. 497. Pp. 333 U. S. 189-192.

81 U.S.App.D.C. 339, 158 F.2d 542, reversed.

Page 333 U. S. 179

The District Court enjoined enforcement of a fraud order issued by the Postmaster General under 39 U.S.C. §§ 259, 732. 63 F.Supp. 318. The Court of Appeals affirmed. 81 U.S.App.D.C. 339, 158 F.2d 542. This Court granted certiorari, 331 U.S. 798, and substituted Donaldson for Hannegan as petitioner. 332 U.S. 840. Reversed and remanded to the District Court, p. 333 U. S. 192.