Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-09-27
W|CKERSHAM'S VIEW
Of NEWSPAPER LAW
Calls Publicity Clause" High
Iy Penal, But Says 1t Must
Be 0beyed.

Holding that what is described as the
publicity clause" of the new law passed
by the last Congress, requiring publishers
to furnish the Post Office Department
certain information Of April 1 and Octo-
Der of each year. to be highly penal in
its nature, In that it's violation is pun
ishable with the denial to the publication
affected of the privilege of going through
the mails at all, the Attorney General
has given an opinion. in which he states
that the new law is to be strictly con-
strued-that is to say. nothing more is to
be required of publishers than is clearly
demanded by the terms of the statute.
This particular clause" he states, was
inserted by amendment just before the
passage of the act and bears no very
ascertainable relation to the subject mat
ter. of the paragraph in which it was in
serted 1t is provision of the statute
law which should be complied with to the
extent which it's language requires. but
it should not be extended beyond that
language.
Statement of Circulation.
The provision requires, with other
things. a statement showing the aver
age number of copies of each issue of
such publication sold or distributed to
paid subscribers during the preceding six
months This. the Attorney General
holds. means that the statement should
include the average number of copies OF
each issue of the publication sold or dis
tributed to persons who have agreed to
take and pay for one or more copies OF
the publication for q definite period of
time and have paid for such subscriptions
and it applies to the number OF copies
of the publication distributed to such
paid subscribers. whether by the mails
or not. 1t does not apply to copies of the
publication casually sold distributed
to other than those who actually sub
scribe for the publication, nor does it
affect the laws. which regulate the right
of a publication to be sent in the mails
as second-class mail matter at the low
postage rate prescribed for such matter
Postmaster General Hitchcock has
stated that the opinion of the Attorney
General upholds the construction placed
upon the law by the Post Office Depart
ment and that it would be fairly and
tentative" he said. Approximately 12O.-
600 circular letters transmitting forms of
the statement to be used have been pre-
pared and are being mailed to publish
ers in time for their report, due Octo-
Der L.
Inserted by Conferees.
The provision Of the law which has thus
far been questionable is section of the
act making appropriation for the postal
service for the fiscal year ending June
30, 1913 Its purpose, it has been said,
was to secure from all publishers the full
est publicity as to the ownership and the
circulation of their publications, includ-
ing the names of stock and bondholders.
BY many it is believed to be an infringe
ment of a constitutional right guaran-
teefnc the freedom of the press If was
not discussed or debated in either house
Of Congress, but was inserted by the
conferees when the post Office appropria-
ton bill was in conference. 1t was not
recommended by the Postmaster General
nor favored by him, 1t is declared.