The Forrest City times., 1892-02-26
TO HE NEWSPAPERS OF ARKANSAS

 TO THE NEWSPAPERS OF ARKANSAS.
 The Arkansas Press Association at it's an- nnal meeting in 1891, adopted the following resolutions:
 Resolved, That the publication of legal ad- yertising. such as city ordinances. deinqucnt tax Iists etc. at less thas the legal rates is professional and detrimental to the financial intersts and influences of the press and ought to be condemned.
 Resolved, further, That 1t be the earnest en- deayor of every member of this association to adhere as closely as possible to the established legal rates.
 These resolutions were unanimously adopted. In the face of these facts at least hfty-fvc of the newspapers of the state have recently accepted an offer from the soc rctary of state to publish a certain notice of constitutional amendment at half price. And thcy havc done so without even n protest. or the asking Of regular rates. This leads us to remark that tho resolutions Of our associa- ton arc farce. and the majority of those participating in their adoption insincerc. What arc we to think of such weakncssi
 The Times is reliably informed that ith one exception it stands aenc in demanding the regular rate for this business. The conststu- iion or the state of Arkansas distinctly and takably says. shall be published in at least one newspaper in each county" There arc no ifs and ''provsos' to the constitution. The Digest, however, has these provisos. We argue that the constitution is explicit and must be obeyed. and the act under which tho secretary Of state offers to coo tract With news pisRef' ieeRs. s V0'a u"'on''''u'i0na anu Of no sf-
 The newspaper which publishes this adver- tiseinent for less than regular rates does an unprofcssionai act which should bo severely condemned-Forrcst City Times.
 The Democrat Is not interested in the print ing Of the proposed amendment. The pubii- cation was given to the Gazette, and the Dem- ocrat has no complaints to make. The Forrest City Times quotes the Arkansas Press asso- ciatfon correctly, and 1t is a pity that there was not more unanifnity in dealing with the m papers eagerly accepted tho offer made by the secretary of state $50. just as most of them accept the offers of the Eastern advertising agents. whatever they may be. Now as to the law in the case. While it is true that the con sfitution leaves no discretion to the secretary of state 80 far as the publication of the pro posed amendment jp ut feast one newspaper in each county in the state IS concerned, the law regulating advertising. enacted by the last Legislature. gives him The power to fix the price below certain maximum figures that are specified. The fault is in the law. Instead of fixing rates at given figure per square for the first insertion aud specified sun for each subsequent insertion the law provides that there shall not be allowed for such pub iicstion a higher rate than one dollar per square for the first insertion and fifty cents per square for each subsequent insertion" Undoubtedly under the law the secretary has the right to cotract for the advertisement in question at a lower rate than the maximum figures. On the other hand it is plain that the newspapers, had they stood together on the resolution of the Press associations could have obtained the full legal rate. What is necessary In fixing legal advertising rates Is that they shall be put upon the same basis as official saiaries-so much-no more and no less.-Arkansas Democrat.
 There is no law which requires a newspaper to publish any advertise ment. The framers of the act estab- fishing legal rate no doubt knew that no paper would refuse an ad- vertisement if the rate was fair, and their aim was to establish a fair rate. We have no complaint to make on the rate, although it is slightly below local rates, but We do complain when we are asked to do this advertising at less than that reasonable rate. It seems unreasona- ble and unjust, when the rate has been fixed, and besides, the law which re- quifes d citizen Of a state to pay cer- tain price for his legal notices, is un- just and inconsistent if the state,
 itself, under ti,. same law, can procure it's legal advertisements at half the rate the citizen is required to pay. "Thc consultation ledres no discretion to the sec,etayy of state so far as tte puJlish- ing of tae proposed aaendment in at least one aerspoper ia each county ia tite state is concerned" We need go no further. IL must be published in every county or the election Is nullitied; it is unlaw- full, if you please, and We fail to see any section of law which impowers the secretary of state ito fix the price be- low certain maximum figures that are specified" It Is true it says he shall contract with the papers, but as it takes two parties to constitute a con tract, the other party is the one to fix the price. And he must pay It. We do not understand that the secretary of state bases his action on the law passed by tho late general assembly, regarding legal rates. We take it that he acts upon chapter xxv, and especially upon section 6l9, of Gantt's Digest, which says, '.he shall contract sat rates no greater than those now allowed by law" etc. We agree that "the secre- tary of state has perfect right to contract for the advertisement in ques' ton at lower rate than the maximan figures" provided he can make those contracts with at least one paper in each county in the state, but on the other hand, if one paper refuses Ia accept that rate, the law requires advertise ments to be published in 1t al rate not exceeding the established legal rate, ank au papers must receive the same amount. This may be considered au extreme view. It is not. It is just and deliberate conclusion after careful study, and a fair and liberal construe- ton, of the statutes. To sum up the case is few words, the amendment must be published in at least one news paper in each county where one Is pub lished, at uniform rate. That rate is LOO per square for the first inser- tion and fifty cents per square for eaci subsequent insertion, and until we are convinced that we cannot invalidats the election and cannot secure thai price for this business for the newsps pers of Arkansas, we slial refuse ts publish the notice of the constitutional amendment, as required by law. Ws greatly desire to hear from the press ol the state on this subject, and iron