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BATES & GUILD CO. V. PAYNE, 194 U. S. 106 (1904)

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U.S. Supreme Court

Bates & Guild Co. v. Payne, 194 U.S. 106 (1904)

Bates & Guild Co. v. Payne

No. 373

Argued March 10, 1904

Decided April 11, 1904

194 U.S. 106


Where the decision of questions of fact is committed by Congress to the judgment and discretion of the head of a department, his decision thereon is conclusive, and even upon mixed questions of law and fact, or of law alone, his action will carry with it a strong presumption of its correctness, and the courts will not ordinarily review it, although they have the power, and will occasionally exercise the right of so doing.

As to what is second class mail matter, Houghton v. Payne, p. 194 U. S. 88, followed.

This was a bill to compel the recognition by the Postmaster General of the right of the plaintiff corporation to have a periodical publication, known as "Masters in Music," received and transmitted through the mails as matter of the second class, and to enjoin defendant from enforcing an order, theretofore made by him, denying it entry as such. This case took the same course as the preceding ones. 31 Wash.L.Rep. 395.

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