Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1906-01-18


didate for public office. is estopped
from taking advertising space 10 news
papers and paying therefor. or wheth,
er publishers are prohibited from
accepting same. Former Supreme
Court Judge II. Henry Powers i
quoted as holding the view that Mr.
Clement may Jun iato trouble in fol
lowing out the course proposed, while
others differ from him. anu think that
even il the act is stretched to eogel
this case it would not be upheld By
the courts as constitutional, running
counter 70 the following provision -
That the people have right to free
dom OF speech, and OF writing and
publishing their sentiments, concern
ing the transactions of government,
and therefore the freedom OF the press
ought not TO be restrained.
OF course the question of the consti-
tutionality OF this act is for the court,
not for laymen, to decide finally. Yet
we are all at liberty to form our own
opinions in advance, and to express
and act on them. Publishers, espe-
cially, will do this, as it directly con-
Germs them.
1t is unnecessary to state that the
act OF 1902 was not intended to deal
with the question OF political adyertis-
ing in any way whatsoever, for the
very good reason that such a thing
had not up to that time been done in
Vermont. 1t is an innovation on the
past few years in all parts OF the
country. 1t made its first appearance
in Vermont during the campaign Of
1904, when it was employed first by
the Democratic State committee, and
later by the Republican State commit
tee. Both sides took liberal space for
several weeks in most of the Vermont
and waged wordy war
over their respective platforms, rec
ords and candidates. A few news
papers. as matter of private policy
or judgment, refused to handle this
advertising, but not over two or three
in all declined it. During the edito-
rial controversy that ragged as to the
OF Republican newspaper
Democratic matter, even as
advertising, and indeed. mp to the
past week nobody has ever questioned
the legality of a candidate or party
taking advertising sFaee in newspa-
pers to exploit their views or promote
themselves in public favor 1t is
done very freely in Massachusetts, as
readers OF the Boston press well know
The advertising has no relation what
ever to the editorial policy OF the
papers, as readers also know
Now the act Of 1902 was the direct
result Of the disgraeeful use Of money
in the pre-conyention contest OF that
year. Among the most offensive Of
-hese uses was the admitted purchase
Or control, through the expenditure Of
money, OF Vermont newspapers in the
interest of-well, of one candi-
late particularly. To prevent this 10
'uture, the corrupt practices bill was
by Senator Emery of
Orange county and became law with
nut much opposition. It's plain and
,nly intent was 10 prohibit candidates,
irst, from hiring paid agents to travel
lbont the state, or workers to canvass
heir own towns, at the expense of the
candidate, spending money freely in
his behalt-money furnished by the
and by implication, at least,
he buying Of votes was also prohib-
ted, being among the things not per-
nissible 10 candidates, as laid down
second, TO preserve an untrammelled
press, free from the suspicion of venal-
ty, on which the people might rely
or the honest, unpurchased opinions
If those who hold the editorial pen.
Sec. 3 dealt directly with the pub
isher and forbade his accepting what
.yer might, contra to preceding sec
ions, be rendered him By, or in behalf
II. candidates tor olliee-what for?
For the support or advocacy in such
newspaper or publication OF the nomi-
lation Of any person as candidate
or public Office That is, the pub |
isher was prohibited from accepting |
my money or other valuable thing |
PRESENTED under any guise, either out
light or in the purchase of large num-
'ers OF sample copies-a then common
'raclice-for the purpose Of affecting /
II influencing In any degree his edi. |