The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-11-30
THE NEWSPAPER CENSORSHIP

THE NEWSPAPER CENSORSHIP.
With respect to the newspaper suit
now being presented 10 the L. 5. Su-
preme Court contesting the validity of
the Order on the post office appro.
priation bill which required newspa-
pers to carry the names of their own
ers and stockholders, the figures of
their circulation, and to designate ms
advertising lot of matter that is
not really advertising, one must won
der ut the answer filed by the gov.
ernment attorneys in the case.
Solicitor General Bullitt argues that
$50 long rs laws are passed in the
hasty and unconsidered way that they
are. it is the duty OF the court not to
adhere to the letter of the enactment
and destroy the spirit, but to strive as
best it may to give measures a rea-
sonable and effective meaning And
further, 1.-The government asks the
court IN this instance to construe the
law not as an attempt to regulate all
newspapers and magazines, but AS ere
ating additional conditions on tho use
Of second class mail privileges. -
To which it may be fairly answered
that it is the duty OF the legislative
power to consider laws fairly and fully
before passing them, and the idea that
the court should be asked TO declare
an unconstitutional law constitutional
or an incomprehensible law comprehen-
sibie because it is crude and i'll consid
cred. is so grotesque an opinion that
it seems almost as though Solicitor
General Bullitt was giving away his
case
When he asks, further. ''thst the
court shall not consider the law as an
attempt to regulate newspapers and
magazines, but as creating additional
conditions on the use Of second class
mail privileges, the reply is also OBJ
vious, There can be no question what
in the law against newspapers have
nothing to do with their mail trans
portation. In no way do these re-
quirements or their omission affect
that transportation, and in no way
is fitness for that transportation af
fected whether the newspapers do or
do not carry out censorious require
ments which merely exhibit a desire
for public control These things,
whether done or not done, do not make
or unmake adaptation to carriage as
second-class mail. There is no possible
relation between the requirements made
and the carriage of the newspapers as
second-class matter. And further than
that, 1T is ouly certain newspapers and
magazines that are required to carry
these obnoxious and costly labels. the
others being exempt and being carried
as second-class matter without these
requirements. set up against other
newspapers IN order for them to get
the second-class mail privileges. Di-
viding publications into classes like
that is evidently unconstitutional, and
since this division has no possible
bearing on the price charged for the
second-class mail carriage, it is i'm
possible to consider the clause as con-
stitutional or even practically appli-
cable, For, it is not question Of
newspapers being mailable, if they dis.
obey, but only of the charge to be
| made for their carriage.
Solicitor General Bullitt comedies
that "Congress has 10 power to reg.
ulate the press or TO say what shall or
shall not 90 into newspapers, or to re.
quire them to print the names of their
bondholders or circulation or to pre-.
scribe how they shall label their ar.
ticles.' And be admits that elf the
| statute be considered as attempting to
do these things, it may possibly be
l'void. - That is a very fair statement
Of the actual animus and requirements
Of the statute; and since there is no
relation whatever between the REQUIRE.
ments made of newspapers AS 10 those
| things under the law and their mail.
ability, and as some newspapers are
not affected IN their second class mail
| carriage IN the slightest degree whether
they do or do not carry these things
required, il Is impossible TO look upon
| The law In any other light than as a
censorship, and an attempt unconsti.
tutIonally to regulate the press.
|