The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-01
Newspapers Must Tell Truth
About Circulation.
House Recommends the FEEDER
Bill For Passage.
PROTECT ADVERTISER.
False Statement on Circulation
Is MisdemeanOr.
A Warm Debate Only Served to
Strengthen the Bill.

/ After a long and warm debate
/ Saturday, the house in committee OF
the whole. recommended for passage
the FEEDER bill providing a penalty for
newspaper publishers who made false
statements regarding their circula-
ton The bill. which is of great in
terest to all newspaper men, is as fol-
lows:
House Bill No. IL BY Mr. FEEDER. An
act TO define and prohibit fraud in OBJ
newspaper circulation ana to forfeit any
sums agreed to be paid for such advertis-
ing SO obtained. and providing penalties
for the violation of the provisions Of this
act
Be it enacted by the legislature of the
Section / Any newspaper publisher. or
publishes any newspaper and any EN-
ploye of such corporation, who. falsely
and fraudulentIy. for the purpose OF OBJ
tanning advertising for and in any news
paper SO published, shall represent and
state and hold out and declare either in
said newspaper. or personally. to persons
ing in such newspaper, that the circulation
OF the said newspaper is in excess Of the
paper IN order 10 gain advertising for the
said newspaper, shall be guilty of mis-
demeanor and shall on conviction thereof
be punished by a fine not less than 5000
nor more than $4,000. and any sum agreed
to be paid for such advertising, II not
paid, cannot be recovered. and. II paid,
the same can be recovered in an action
brought by the said advertiser against the
said newspaper publisher or corporation
Sec > Every newspaper publisher who
advertises for pay may make or cause to
be made and published IN the first issue
of the said newspaper in each and every
month an affidavit showing the actual
average OF paid circulation of such news
such publication, exclusive of subscribers
delinquent for more than one year Any
or any director. officer or manager of any
corporation who shall make or cause to
be made and published any false Aft
davit in regard to the circulation OF said
newSpa per shall be deemed guilty OF a
shall be punished by a fine Of not less than
| fifty dollars nor more than five hundred
dollars
| in this law shall be and IS hereby defined
as such circulation as is sold at the reg
uIar price, or prices. at which a copy, or
copies of any such newspaper, or news
papers, is or are held out. or advertised,
in its columns 70 be sold
Sec T. Copies printed and returned by
news dealers or uewSboys, under what IS
known under newspaper circUla ton as the
sold to dealers in waste paper or to pa
per mill owners as waste paper, are to
be excluded from said com putatioD Of act
uaI paid circulation OF any newspaper
Sec 3. IN any and all prosecutions or
civil actions under the provisions of this
law, either party shall have the power TO
subpoena and swear any person, or per
sons, claimed to nave any knowledge OF
said circulation as witnesses. and to re-
QuiFe any newspaper publisher. or any
corporation pubifs hing a newspaper and
its officers, to produce on said trials or
prosecution. any and all its books. records,
invoices from paper mills or paper deal
ers Of whom paper is bought. and freight
bills Of Iadiug showing the weight thereof
( and papers of whatever nature, bearing
directly or Indirectly on the question OF
circulation OF said newspaper and TO eX-
anime the same and TO take testimony
| from the owners, employees or agents of
said newspaper under investigation. pro-
vided, that no testimony obtained in the
prosecution or conduct of any proceeding
under the provisions Of this act shall be
used against the party from whom It IS
obtained in any criminal prosecution This
4 section shall not be construed to require
any person prosecuted cTimfnaIly under
/ this law to testify against himself under
| such prosecution
| Sec s. This act shall be in full force
and effect from and after its pubIica ton
L in the statute book