Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-06
THE ATKINSON CASE
His Publications a Part Of the Con-
greSsional Record.
BAD RESULTS OF LEAVE TO PRINT
Steps to Be Taken to Prevent
Abuse in Future.
NOT FORBIDDEN THE MAILS

The Inconsistency of such fulminations as
those of Mr. Atkinson being made public
documents ard being given the appearance
OF congressional sanction by passing under
the government frank as a part Of the
Congressional Record will probably force
Congress to take steps to prevent. in
the future. indiscrim;nate use of the
Congressional Record as a vehicle for
the distribution of false. misleading,
Injurious or irresponsible publications
The abuse has been carried long
way. and the evil of it has long been
recognized. but no one has had the
courage or aggressiveness to stand boldly
in the way OF the practice. 1t requires
unanimous consent to print as part cf the
Record matter not actually delivered III d
speech by reading in one of the houses
Of Congress. The practice Of giving CON
sent without asking questions as to what
the matter is has grown to be so common
that il is almost claimed as a right in the
Senate
In the House efforts have been made with
in recent years to defeat the practice. and
II has been checked to a considerable ex-
tent. but in the Senate traditional sena-
torial courtesy Restraints one senator from
iuterposing objection to the request of
another for leave to print In fact. the
practice Of senator's printing about what
they want to has become so recognized that
the request for unanimous consent is little
more than formality.
The Leave to Print.
The leave TO print is looked upon as
means of saving time. since if it were de-
MED the senator seeking it could have the
matter read from the clerks desk as a
part of his remarks, and it would then go
into the Record as matter of privilege
much valuable time being consumed in the
reading. Under the existing rules and prac-
tees Of the Senate it is practically impos-
sble to keep out of the Record anything a
senator may want to put in.
But the Senate rules and practices have
been subject 70 criticism in many respects,
and il is expected that when Congress con-
veles this latest episode growing out Of the
Senate printing habit will be made the basis
Of attempt to reform the rules. The as
sumption that a senator could not be guilty
Of an abuse Of privileges is somewhat yiO-
lent. and is liable To be abandoned. An
effort will probably be made TO establish
some sort Of supervision by the Senate
itself over matter 10 be printed as an Off
CiaI document. and not trust 50 entirely to
the good taste and good faith of individual
senators 10 determine what snail be stamp
cd with the official sanction Of congression-
al publication.
As the Law Stands.
Under the law as it stands any matter
printed as a part of the Congressional
Record, no matter how seditious it may
appear. IS entitled 10 free delivery through
the mails within the United States: has a
place in the official files of government
documents: can be freely circulated by any
member of either house. and the govern
ment is compelled to print at the mere cost
OF paper and press work as many copies
as any representative or senator may or
der ard pay for. The Atkinson documents
for instance, have the same official status
and privileges the reports of commit
, tees or the Presidents message.
While no private citizen can compel the
government to circulate these documents
any man in fle Congress issuing the docu-
ments can procure this free circulation
through the mails long as present laws
exist. II is believed that nothing but the
existence Of martial Law, which supersedes
all other law when in force, could enable
the executive branch of the government
70 deprive any part Of the Congressional
Record Of the general privilege.
As to seditious Documents
While a document may be denounced as
seditious by the federal authorities. the
mails may be used 10 carry it free of charge
all over the country.
II is probably this consideration alone
that restraints the government from exclud-
ing the Atkinson pamphlets from the mails.
As IL is. the document is not treated a.
seditious in itself. but the act of sending it
to our soldiers in the Philippines is regard
hibited. When an order from a member
OF the House was received the document
room OF the House and was held up until
advice could be had on the subject he re-
ply 70 an official inquiry, stated in The
Star yesterday. was that order forbid
ding its distribution had been issued the
only order being TO the pos master ut San
Francisco not TO permit the pamphlets 30
pass through his office to Manila. There
fore the orders Of members and senators
VIII be filled unless the supply becomes ex-
haUsted- each member of the House being
entitled 10 one copy, and after that if any
member or senator wants more, he can pay
for their printing at the government print
Ing office
Ab>uriity of the Situation.
The absurdity Of this situation it Is be
Neved. will compel a reform in congress
s.oral methods Of issuing documents. If
the same Congress that adopted these
pamphlets as official documents We're in ex-
isteHce il is likely that they would be ex-
plunged with some expression Of censure.