The Ouachita telegraph., 1872-02-03
tho State render in reference to sucl, an

enactment?
Precisely on the same ground stands
the Press, relative to the States inter-
ference with its private patronage. a |
newspaper Is both n public and pri- !
vate institution, and is SO recognized
in the law. Wherever the Public is
the principal, the legislature, acting
for the public, may properly discrimi-
nate and bestow its patronage wherever
it pieases. But where the newspaper,
and its patron, both, appear in pri.
vate capacity,-as the merchant, or the
lawyer, and his customer, or client
the legislature is utterly devoid of
power to fix the place Of their patron
age or to name the man they shall sup
port. AS we'll might it say what min
ister, whether presbyterian, NIetl,o-
dist or Baptist, we shall support, and
| patronize with our presence.
IT we have right to tsenjoy'' our
press, ink and paper, we have a right
to all the private patronage we can OBJ
tain. But how are We to do this, when
the law says to private individuality you
must publish your notices in certain
paper, and pay therefor so much; and
you shall not advertise in the TEI.E-
GRAPH: If we were to offer to insert
the notice at half rates, we could not
obtain it. Thus, not only is the indi-
vidua1 compelled to sustain an exaction
of fifty per cent for advertising, but our
right to "enjoy" the use of our private
property is seriously abridged, and in
derogation Of law, civilization and
common humanity.
Article XIV ofthe Constitution pro-
vides that-"No State shall make, or
enforce any law whicf, shall Anu1DGE
the privileges or immunities Of citizens
of the United Statcs.''
Justice Bradley decided, that, under
this provision, the General Assembly
violated the Constitution in enacting
the Slaughter House law. This was q
law similar to- the Printing law; both
creating and sustaining monopoly in
private pursuits. The one affected the
immunities Of butchers; the other those
Of publishers. The only difference was
that butchers were wholly inhibited
from pursuing their calling within Ger
tain limits; while publishers are only
partially so inhibited. But it is clear that
their "immunitics'' arc "abridgcd:''
and it is equally clear that tho atver-
tisser's are too. Tho Publisher is not
entitled to enjoy the business fruits of
fair competition, and the advertiser
is not permitted to mako the best bar
gain he may for work, nor to enjoy the
immunity against loss, afforded by the
widest circulatiod of the sale Of his ef-
fects. This point against tho Printing
law is, we consider, unanswerablc; and
it will hold equally goot, against any
law depriving publishers or individ-
uals of the right to enjoy tho use or
benefit Of their effects. The legislature
has no power to enact such a law, nor
hts it any authority for deiegating such
power to any corporate body, or indi-
vidnnl upon the face Of the earth. The
plain requirements of justice and hon
! orabte dealing furnish all the guides
! necessary in the matter, and these arc
sufficiently and wisely interpreted in
the statutes referred to in the outset,
! to which We again call the attention
OF the General Assembly.
---.-@-
The Senatorial Court.
I mi pNItS f,Tc 4