Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-11-10
HOUSE BILL zss.


emily lis dislike and distrust OF news
paper publishers-manifested paI'lcu-
Iarly in its treatment ofthe legal notice
publication bills-by advancing 70
third reading with keen relish House
Bill 2sg. a measure that is not only a
direct blow TO many honest publishers
of the state who are striving hard 70
make a precarious living IN their ll'lie
communities. but is contrary TO all e.
tablished principles Of law, both com
mon and constitutional
This bin, introduced By Nntting Oh
Westminster, "by request" DEGREES
that il any publisher shall send his PSI
per to a subscriber after the subscrip-
ton has expired be shall not be per-
mitted to collect Tor the same through
the courts.
ANY good lawyer will tell you that
so far as the practical application oil
such an act is concerned the publisher
need have no fear, for no court would
hold it valid for one moment. 1t Is a
settled principle, dating back longer
than the history OF Vermont, even
that a person who accepts, enjoys and
makes tull use OF a thing must pay for
it. whether he directly ordered 1t or
not. The fact that he so uses il i'm
plies a contract to which be is bound
as much as though it were written,
signed aud sealed. Yet the Vermont
House, in its wisdom, overrules this
and makes a tool OF itself! =
The action grows out Of certain
abuses that no doubt exist. Some
publishers-mostly without the state
have continued sending their paper
even after notice has been given that
it was not wanted, and have sent bills
therefor. Annoyance has resulted,and
the House, in its resentment against
this class of publishers, has struck
blindly at all who conduct their papers
on the credit plan-as they have the
right to, if they choose.
This bill in effect notifies the public
that the publisher is its easy meat. -
II it can manage to get the reading OF
his paper without paying for it in adj
vance, either by promise or otherwise,
1t can wriggle its fingers at the pub
Usher when be presents his bill. 1t is
an act that will be received with ae-
claim by hundreds Of deadbeats II
outlaws the newspaper man-who
does as much to help his community
as perhaps anybody and denies him
redress in his common rights.
"Oh, but you can avoid trouble by
sending your paper only as long as its
paid for and then stopping it, " say the
bills promoters. Trne. But would
you think of denying the merchant the
power to collect tor his goods sold on
credit Or the farmer2 Have You a
right to say that the publisher alone
shall sell for cash in advance only ?
Is it proper for You to interfere thus in
his private business
We contede that the pay-in-advance
subscription plan is superior to the
credit plan. 1t is the plan this paper
has been conducted on with success
for many years. It is growing in iay-
or. More papers are adopting il every
year. But all this does not alter the
fact that whether publisher shall fol
low the cash or the credit system IL as
much his own private affair as wheth-
er a merchant shall, and the state has
nothing to do with it whatever. Some
Vermont newspapers are very success
iul under the credit plan-we believe
the larger number still follow ii. To
force them at once onto the other sys.
TEN would involve great risk OF heavy
loss, and might mean financial ruin TO
some Of them.
In regard to the abuses, we doubt if
there is a single instance on record OF
a person being compelled by legal ac.
ton to pay for a newspaper that be
has not actually had. In vastly the
more cases, the publisher who has sent
his paper in good faith for many wears
finds it impossible to collect at all.
We are not defending the credit
plan-tor we don't follow or believe in
It as adapted to our business-but il is
or has been-perteetly legitimate for
publishers who tini it best for them to
follow 1t. And we don't believe that
the Senate will second the Houses
fanatical and seemingly vindictive cpt
at he press OF Vermont by coneurripo
IN the passage OF this unfair. uniust
and unconstitutional bill.
Bankruptcy Notes.
4 Dptition in ha,I-,,,,... -