In Re Hoyle

THOMPSON (R. L.), P. J.,

pro

tem.

This is an appeal from a decree adjudging “The South San Francisco Journal and South San Francisco News” to be a newspaper of general circulation pursuant to section 4462 of the Political Code.

Appellant contends that because a newspaper is made up in part of what is commonly termed “boiler-plate,” material which is prepared elsewhere, the paper is not printed and published at South San Francisco, according to the definitions of the terms “printed” and “published” as provided by section 4463 of the Political Code.

The evidence is without substantial conflict. John E. Hoyle is the owner and publisher of the newspaper in question. For more than one year prior to the filing of the petition in this case that paper was printed, published, and issued from a fixed place of business located in South San Francisco; all of the local items of news and intelligence, as well as advertisements contained in the paper, were secured in that vicinity and printed with the object of serving the community; the mechanical part of producing the newspaper, including typesetting, editorial work, and impressing the type upon the paper, were all performed in that place; it possessed a

bona, fide

paid subscription list in and about that city, and it was operated, issued, and circulated for the dissemination of news and intelligence of a general character. In the make-up of the paper, characteristic of the average rural press, the columns which were not required for paid advertisements or news items were filled with what is commonly called boiler-plate. The evidence indicates that this stereotype matter sometimes occupied from twenty to fifty per cent of the available space in the forms. The sole question involved in this appeal is whether a newspaper which uses in its make-up boiler-plate material procured elsewhere than at the place where the paper is printed and published is qualified to

[513]

enjoy the standing and privileges of a newspaper of general circulation, as provided by statute.

Section 4460 of the Political Code provides that “A newspaper of general circulation is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, having a