The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-12-01
THE CASE FOR TIE PRESS.

IftG OAS6 FUN TGE fh6foo.
9 We noted yesterday morning thn'
. the brief of Solicitor General Bnl
9 lit, filed in the American Publishers
case contesting n censorious law, prac
tically gives away the Government Is
case in the "rider' TO the post Of
| flee appropriation bill which was
aimed Mt newspapers, This morning
we publish the brief filed by former
Assistant Attorney General Beck, who
is counsel for the newspaper publish
ing company that is for all contesting
the validity of the Law. Mr. Beck
shows plainly that there is no power
in Congress to pass any such a law
as this. He denies that the regula.
ton OF newspaper ownership and the
! enforced publicity OF its business
can be an appropriate means
Of carrying out the Federal
power over tho mails. He shows
the injustice OF tho law. and
that tho restriction which compels
newspaper TO disclose through It's col
| umns It's owners or creditors, or to
compel It to mark as advertisement
matter that IL has published for con.
sideratlon or perhaps for no considera-
ton at all, hampers the freedom of
discussion and is contrary to the Gus.
tom OF impersonal writing which pre-.
vailed generally in England and Ameri.
ca when the Constitution was framed,
and which prevails now.
Mr.. Beci's brief further argues
that 10 take the space in the news
paper columns to enforce the policy |
of publicity without compensation vio-
lates the fifth amendment which for
bids the taking OF property without
due process of law; aud he shows that |
the law 'has the merit OF sincerity
IN that it makes no hypocritical pre-
tense TO being means to carry out
Constitutional power It is merely
an inquisltorial process TO ascertain
from The ownership OF newspapers the
possible influence that might dictate
their policy, That was explained by
tho advocates of the "rideru when
it was being considered in the Senate.
Evidently, however, a fair compli-
ance with that requirement Of the
law would not tolerate the presenta-
tlon of a dummy list OF proprietors
such as was presented by tho Smoot
'rgau in this city, The presentation
IF such list which merely served to
ide the real ownership Of the paper,
S IN itself grave offense, and an I'M,
position upon the public, as Well as
ritual defiance Of the law. 1t amounts ]
o the same thing as the old practice )
n Russia OF hiring peasants to 90 TO
all in place OF tho editors of the c
newspapers who were the actual cul. c
'rits under rigid and oppressive a
censorship. To present a list Of dunn
ny stockholders, the real owners hid.
ng back of them, and claim that that
omplies with the law, as was done by
he Smoot organ, is an insult to pub
&C intelligence and a contempt Of the C
tatute. If the law is held TO be Con- |
htutional the real ownership must f
ONE out. Y
Ii the law is found to be constitu- p
Ional, The Tribune will gladly com. s.
ly IN every respcot with It's REQUIRE t.
tents, and it Will be necessary also b
or other newspapers to make a real ii
ompllance in place of mere sham and p
retense. In the meantime, rs we have 81
ften stated, there is no mystery, moth. a
,g hidden, about the circulation of Il
he Tribune, which has the greatest b
nd most genuine circulation OF anv "
ewspaper in all this region; and ad. a
ertlsers have at all times been wei.
'med to satify themselves of this fact. e: