Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-10-15

newspaper WuBdZIle, pcTIOuICai VT
other publication to nie with the
Postmaster General twice q year, and
publish in Its second Issue after the
fling, a sworn statement setting forth
the names and addresses OF its edi.
tors and managing editor, publisher,
business managers and owners and
of the stockholders, II owned by q
corporation, and also the names OF
bondholders, mortgages and other
security holders. In the case Of daily
newspaper 1t reffuires q statement OF
the average OF the number OF copies
of each issue OF such publication
sold or distributed to paid subscribers
during the preceding six months.
The penalty for failing to comply with
such requirement within ten days af.
ter notice OF such failure is the denial
Of the privileges of the mail" There
is another requirement that any edi-
torial or other reading matter, for
the publication, of which money or
other valuable consideration Is paid,
accepted or promised, shall be plain.
y marked advertisement" and the
penalty for violating this IL a fine OF
$50 to $500. This Is construed as ap-
plying to notices, reviews or criticisms
Of books and theatrical performances.
1t is hardly necessary 10 dwell up
on the r~eprehensible practice of en-
acting in this insidious and half.con.
cealed manner provisions Of law af.
sectfng rights OF property OF a large
business interest, Or the injustice OF
applying 1t to the particular business
Of purveying news or disseminating
information, and enlightening or
shaping public opinion. 1t Is hard TO
conceive OF any motive for it, unless
1t be a desire TO establish espionage,
supervision or restraint over the
press OF the country in behalf OF the
Government or those who have part
in the exercise of its powers. 1t is a
serious question whether it does not
fall under the constitutional prohibi.
ton of making any law "abridging
The freedom OF speech or of the
PRESS" and whether it may not have
the effect OF impairing the value Of
property in some cases, thereby de-
priving its owners of some part of 4.
without due process of law" 1t is
altogether doubtful whether such an
enactment comes within the consti-
tutional power of the Federal Con-
gress In any case. 1t Is absolutely
certain that Withholding the privileges
Of the mail as a NEAR of furnishing a
failure to comply with such require
ments would be an enormous abuse
OF such power. The mail service Of
the government for every legitimate
purpose of business should be open
to all alike, and if it can be closed
against any one class as a penalty
for anything that may be made ar
offense by doubtful enactment, there
is hardly a limit that can be set to
this abuse. 1t is not for this that the
power ito establish post offices ana
post roads is granted by the Con
stitu ton. 1t is certainly the duty OF
those Immediately affected in this
case to have thevalidity OF such all
enactment fully tested.
The Journal of Commerce need
hardly remind it's readers Of the in
dependence Of it's editorial columns.
In ownership and In every other bust
ness ownership and in every other
business relation it is absolutely free
and independent, and has no interest
whatever to serve or consider in the
slightest degree, except what it be-
lieves to be sound public policy. in
the publication of news its policy is
the same. Paid news matter is rigid
ly excluded. Only the advertising
columns are for sale. When adver.
Using possesses news value, such as
an important bond issue, a change In
time table or any other unobjection-
able matter of public interest, it is
apt to be referred TO in the news
columns with or without advertising.
In the case of book notices and theat.
rical reviews, which the law absurd.
ly says shall be married. "adv.," the
considerations received are simply Il
copy Of the book reviewed and d
ticket of admission for the dramatic
writer.
To use the mails as an instrument;
Of punishment where no moral or
reasonable crime has been commit.
ted, or in cases having no relation to
the Post Office, Is a dangerous abuse
Of Federated power. To compel news
papers to publicly reveal details OF
their papers to publicly reveal details
Of their private affairs, not required
- No. l.:.a.s - ~~.,~ c.1 SEQ