Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-09-27
Attorney General Wickersham
Gives Postmaster General
Hitchcock Lengthy Opinion
Regarding Requirements.
FAILURE TO COMPLY
HEAVILY PENALlzEO
Should Publisher Not Give the
Facts as Required His Publ
cation May be Excluded from
United States Mails.

tby Morning Jonrnat Special LEASED Wire
| washington, sept a6.-Attorney
General Wickcrsham today sent to
| postmaster General Hitchcock a writ
Ten opinion on certain phases of the
new federal law requiring daily and
weekly newspapers and some other
publications to present TO the post
master general sem-annual sworn
statements OF circulation. ownership
OF their stocks and bonds and other
Information, under penalty OF denial
of the use OF the mails.
The attorney general upholds the
postmaster generals construction thnt
it is immaterial whether subscriptions
are individual or in bulk. ana that tho
provision of the law covers the num-
Der of copies Of publication dis
tributed to certain paid subscribers by
any means.
Mr. Wickersham's opinion, prepar-
ed at the direction of President Taft.
does not touch upon the constitution
atty OF the law. which Is part of tho
postoffice appropriation bin enacted
at the last session of congress.
Mr. Hitchcock inquired whether the
law shall he limited to paid indvid-
ual subscriptions or shall include pur-
chnses In bulk by news agents or
Others for redistribution. also whether
In your opinion the provision covers
paid circulation OF daily newspapers
not distributed through the nails
Attorney General Wickersham re-
piled categorically Indefinitely To
these inquiries. holding that
First. 1t Is immutcrial whether
the subscriptions are individual or In
bulk. The statement should include
the average of the number OF copies
oi each issue Of such publication sold
~ distributed to All persons who have
that is have agreed to
AXE and pay for one or more copies
If the publication for a definite period
If time. and have paid for such sub
'crlptlons and,
Second. In my opinion The pro-
'ision covers the number of copies OF
uch publication distributed to such
'aid subscribers hy any means,
whether by the mnlls or otherwise"
I'VE shall administer the law justly
nd impnrtially. ns we find IT." said
~ i'it'it''h t'tfiNs it tpillioI ~
he attorney general upholds the
obstruction placed upon the law by
Ulcers of the postofficc department,
'c have no alternative; we must en-
)rce It.
To-day we are beginning to mail
, 1000 editors, publishers and
theirs Interested. forms to be filled
ut In compliance with the law. These
i'll reach their destinations by oc-
'ber 1st, when the law becomes ef-
'ctive. Under the act they must be
He'd out and returned ns soon as
racticable. In the event of failure to
imply with the provisions of the law.
iblishers may be liable to the PEN
ty provided by congress
Attorney General Wickcrshams
Union starts out with review of the
" Itself and the questions raised by
e postmaster general. lie refers
the provision requiring sworn
itement of subscriptions and writes
follows.
"The provision is highly penal in
nature, as a consequence of failure
comply with IT is punished by deny
g to the publication the use OF the
ais; not merely the privilege of be-
3 carried ir the malls as second
lss matter. but the privilege of be-
, carried ia the mails at all. Being.
arefOre. in derogation of common
hit the provision should not be con-
ued to embrace anything more than
Is clearly within its terms and by
lse terms the requirements of the
tcment are limited to the average
the number of the copies OF each
uc OF such publication sold or dis
luted to paid subscribers during
preceding six MONTHS
rhcn MI Wickcrsham goes on to
extended discussion OF the verb
subscribe and holding that II
definite meaning in both a legal
popular sense. quotes extensively
IN tts definitions from the Century
iionary and encyclopedia. the
ndard dictionary. and a decision IN
case Of Ashton versus Story. 96
"a. l97, 20l, Ga. N. w. Rep. S04.
which it was held that. ITO become
uhscrlber To n newspaper includes
le voluntary act on the part of the
scrber. or something which Is in
ct an assent by him to the use OF
name as a subscriber"
Thus" holds the attorney general.
TO the capital stock
corporation implies an agreement
axe and pay for II. But II the steps
n. although informal. are treated
he corporation and the subscriber
they will he treated as
ling. tCressy VS.. Cook. 81 Kansas.
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