Toberoff

This is an appeal from two orders directing that mail addressed to Film-fare and Filmfare Co. be held and detained by the postmaster at the office of delivery.

On August 8, 1956, an administrative complaint was filed in the Fraud and Mailability Division of the Post Office Department, pursuant to 39 U.S.C.A. § 259a. It was alleged that, under the names of Filmcraft and Filmcraft Co., circulars were being deposited in the mails giving information as to where obscene photographs, slides, and moving pictures could be obtained. An administrative order was requested directing the postmaster at Los Angeles to dispose of mail addressed for delivery to, and money orders drawn in favor of, Film-craft and Filmcraft Co., in accordance with the cited statute.

Administrative hearings were held on September 13 and November 9, 1956. On February 4, 1957, the hearing examiner issued his “Initial Decision.” He found that Filmcraft and Filmcraft Co. were attempting to obtain remittances of money through the mails for certain advertised films and still photographs. None of this merchandise had been offered in evidence at the administrative hearings. The examiner found, however, that circulars…