The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-09-18
The NEWSPAPER
PUBLICITY Law
BLANKS NOT YET READY
WHAT NEW ACT REQUIRES
WILL BE HARD TO TAKE TEST
CASE TO THE SUPREME
COURT.

i, the date set by congress Tor the
first filing with the postoffice depart
ment of the internal details of the
newspapers, is but sixteen days of,
the intricate forms and blanks that
must be filled out to comply with
The law are yet to be received by the
publishers. The work of printing the
$4,000 copies necessary Is said to be
in progress, but at this rate the best
that can be done is to give the puV-
ilsners only a few days to comply
with the important ~, 3. 4 l.
The amendment requires:
THAT all daily newspapers shall
file twice a year with the local post
master and with the postmaster gen
eral, their total average paid circula-
tion in the six months previous, Wheth-
er this circulation went through the
mails or not.
,"lhat newspapers and periodicals
alike report the anne of the wner
the managing editor and other Of
~ficers; the stockholders, If a corpo-
ration; the bondho1ders, If the pub
fishing company is bonded, and the
mortgages, If the property is under
mortgage
by the newspaper of a registered
letter from the postmaster general
stating that the report has not been
filed, the terms of the provision are
not complied with, the newspaper is
automatically barred the use of the
mails.
No court procedure is involved in
this penalty, which admittedly would
wipe any publication out of existence,
and such test case as may be made
will be entirely at the risk of the
publisher.
poses a fine of from $500 to $1,000
on any newspaper failing to print
the word advertisement" follow
ing any article for which payment
was made or promised. This pro-
vision is purely criminal in Its ma
ture, and the ~postoffice depart
ment will have no responsibilities
further than the transfer of infor-
nation bearing upon it to the de-
partment of justice.
But, although it is almost certain
that the constitutionality of the pro-
vision will be tried in q test case
before the courts. the department.
feels that 1t has no alternative bu
to enforce the statute as enacted.
While many publications have
called on the postmaster general for
information as to the scope of the
measure, no formal notice Of q
fight has been given. 1t Is regarded
as certain, however, that some pub
Usher will refuse to file and publish
ms II ohS SSNtSlS o1ho AN - n ~
be made then.
In such a case the publication at
once would be automatically barred
from the mails, though by an appeal
to a court, pending a final decision,
the publisher might obtain an order
permitting the use of the mails nm
der a heavy bon This bond, or
course, would be forfeited as a sort
of fine in case a court sustained the
act.
In adding the colause relating to
the publication of circulation state
ments, however, the congress at
the instigation of the senate, made
thus discriminating in favor of mag
azines. periodicals and the weekly
| newspapers which make up the bulk
of the country press.
This discrimination affords grounds
in the opinion of experts for attack
ing the law on the score of its con-
| stitutionality, and il is the general
| opinion that it will be so attacked In
the courts, particularly the proyis-
ion which requires the newspaper to
print a statement not merely of the
| number of copies circulated through
the United States mails, but the
entire amount.
The bulk Of the editions of daily
newspapers is distributed by their
own carriers, or through news com
panies. not by the government in
its handling Of the mails. The post
office department claims the right
to compel a newspaper TO disclose
its complete circulation, II the depart
ment suspect that the newspaper Is
sending more than 10 per cent Of it's
entire issue through the mails to
persons who have paid subscriptions,
but to compel a newspaper to furnish
a sworn statement at stipulated times
of its average total circulation, n
to require that this statement be
printed in the newspaper is regarded
as an interference with the rights
of the press.
When the postmaster general D
posed the bill before the senate
committee he pointed out that the
receipt and supervision of the re-
pots from nearly 10000 publica-
department. At the same time he
stated that as 1900 of these pub
locations were small weeklies with
little credit. small clerical force,
and small funds the burden In labor
would be enormous.
AS for the great dailies, he said,
which alone are required to declare
their circulation. the information
required by the amendment will ac-
complish little in the way of regu-
lation which cannot already be OBJ
tanned under general state laws all
ready on the statute books.
Mr.. Hitchcock expressed the optn-
ion that the new provision imposed
a needless restriction upon the press
to obtain the privileges of the second
class mail publications are required
to conform to thirteen requirements,
and these requiremtns cause a great
deal of friction.
The federal government, he argued,
is one of limited powers and r~estric-
lions that always raise delicate points
under the constitution. They should
0 be extended, he argued, more
than is necessary.
The postal authorities regard the
new legislation as unnecessarily dras-
tic, as imposing strange and arduous
duties upon the department, besides
throwing upon the press OF the coun-
try a burden from which little return
can be expected.
The curious thing about the mat.
ter Is that the amendment was
sponsored by Rep. Henry al.
Barnhardt, a democrat who is him
self a publisher, with a controlling
interest in The Rochester (Ind.) SEN
tinel.
There have been many rurnors as
to the purposes of those who were
anxious to put this new legislation
on the statute books. but none of
these has been traced to any au-
thentic source.
Il ~ rs