The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-12-06
FRIDAY, DECEMBER 6, 1919.
THE GERM OF TYRANNY.

THE GERM OF TYRANNY.
To say that the argument of the solicitor
general of the United States before the su-
publicity law Ia amazing no less In what ia
said than in what is implied ia 10 express the
truth mildly. The English language does not
contain a word too strong 10 apply to these
sentences from the statement of the solicitor
general:
Congress has, and OF necessity must have.
absolute power to say what 1t will exclude and
what 1t will carry in the mails and the terms,
conditions and postal rates on which 1t will
carry mail matter We submit there
fore that congress has the unrestrained power
TO say what in its opinion Is so hurtful to
the public welfare that 1t shall not pass
through the mails. and that it may enforce
that opinion without its correctness being sub
tect 10 judicial review. 1t surely may
prescribe any conditions concerning the mail
matter itself, whether as to size. weight, char
sctar of contents. purpose for which sent. &C.
and 1t may likewise prescribe conditions con-
corning the persons depositing II in the mail
especially II fine conditions attached 20 the
sender bear some relation to the thing gent
." II such views (those OF newspaper
cwners} are expressed In the paper, congress-
can doubtless exclude them, just congress
could now exclude all papers advocating lot
.eries. prohibition, anarchy or protective tariff.
II q majority OF congress thought such views
against public policy"
The contention put forth by the solicitor
amendment to the constitution, which de-
clares that Congress shall make no law abridg-
ing the freedom of speech or the press" for 1t
gives to a majority in congress the "unre-
strained" right to say what political opinions
q newspaper may not express and to say what
of carriage through the malls. Under this
the Democratic majority In con-
gress could deny 10 the Republican press the
mails 1t could close the malls to newspapers
advocating any doctrine which 1t may oppose.
u could prevent prohibition newspaper from
outside the city in which published
By barring II from the malls. Socialists in
this country could not disseminate their views
and arguments should congress decide that it
does not wish those views and arguments to
De disseminated Newspapers advocating a
tariff opposing a protective tariff
could be dubbed into submission by a MAORI
r. our legislators.
This Interpretation of the solicitor generals
argument is not strained, for does net he say
that congress exclude any newspapers
whose opinions contrary to public policy,
and does he not argue that congress mas the
power to decide what is and what Il not pub
lie policy without it's correctness being sub
'ect to judicial review? Does he not say
plainly that the government can exclude news
papers which advocate lotteries. prohibition, !
anarchy protective tariff If majority OF !
congress thought such views against public pol. !
cy"4
This Is fight OF newspapers merely. II
such outrageous doctrine should be accepted
by the Supreme court every man in the coun-
ry. whether reader OF a newspaper or not,
would be interested. II congress can exclude !
rom the mails any newspaper giving express
lion to opinions in opposition to It's own. may .
I not exclude from interstate travel any per-
ION whose views may not coincide with IS own?
One may we'll believe James NJ. Beck, coun-
vel for the Lewis Publishing company. which
8 contesting the constituuonality of the law
dipped through congress during the closing
tours OF the last session, when he says that
. his knowledge no more amazing and radi-
al contention has ever been submitted TO the Il
supreme court OF the United States than that
contained In the governments brief. 1t ,
means censorship unparalleled in any free
country: II means tyranny OF the worst sort
means putting in the hands Of majority in
congress- the power of wholesale bribery of the +
ress and rendering the press powerless TO re- 6
use such bribery IL it would live $
i. DIPLOMATS AND FIGHTERS.