New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-25
SAYS NEW LAW IS VOID
James Nj. Beck Writes Opinion
for Newspaper Publishers.
A RIDER IN THE POSTAL BILL
Not to Regulate Carriage OF
Mails, but the Business
of Journalism. "


papers and other periodicals. rider OF
the Postoflice Appropriation biii' approved
August q, is set down as "unconstitu-
tiOual and void. I'm an opinion written Dy
James VI. Beck. Of No. - Wall street, Tor
the American Newspaper Publishers As
ISOLATION
The law requires that statement oil
the names OF known holders OF bonds
mortgages and other securities snail De
given 20 the government in sworn re-
port twice a year by such publications.
and i'm the case Of daily publications
there shall be included I'm the statement
the average number of copies of each IS
sue of said publication sold or distributed
to paid subscribers during the preceding
six months
The provision OF this paragraph does
not apply TO religious. fratcrnal, temper
ance scientific and other similar publicl-
tons.
The report TO the government shall also
tell of ownership. management evidences
Of debt and net paid circulation and fixes
a penalty of complete exclusion from
every class OF the mails on non-comph-
auce. Mr.. Beck says:
The section referred 10 Is novel. Ear
reaching and. whether intentional or I'M
intentional, will be. If sustained as q
valid law, the entering wedge iol q ieG-
cral censorship OF the press. Nitnout
quoting the section I'm full. II IS enough 10
say that the act, under the prctenco OF
making appropriations for the Postofhcc
department, makes il the duty OF the
editor. publisher. business manager or
owner OF every newspaper. magazine
periodical or other publication 20 me WIN
tre Postmaster General twice a year N
sworn statement setting forth the names
and postof'ice addresses of the editor ana
managing editor publisher. business man
ayers aud owners and, IN ADDITION, Ia,
stockholders. II the publication DC owned
los a corporation. and also the names o
known bondhOlucTs mortgages or ptHe,
security holders. and also IN the ease -,
daily newspapers there shall be included
in Suoh statement the aNerhE" OF lI'
numbers II copies of cach issue ol aN,
publication sold or distributed 10 p'iu
sulgcrlJcrs duriuG the preceding SIX
months
II is further provided that MI editorial
OF other reading matter published IN any
such u,WSpapcr maEdZin" or p'Tl"dl'al
FOR tho publication Of which money or
other valuable consideration IS PAID. ac-
,,,..rlad "gdtnrtis.ucnt." Any editor or
publisher printing editorial or otfcr rein-
ing matter for which COMPENSATION j.
uatd acr.ptsd or promised WltHocl ,"
,u.rtinr tG, same shall upon conviction
ma any court having jurisdiction h' H'''H
not less than 50 nor more tnan 80
Thcs. two sections have dlli"'tnt pII'
.,.ce Tin. ono seeks 10 establish en- IN-
n.ff.i.orial examination into the owner
-U.. of newspapers and IN" amount 'l
,l,ir circulation. not Tor the pufpu-' a..
REGULATING Jh" currtag" OF the mars. Nu'
.lr order tu detrTmiu" VINO D. tt' f'SloN-
d.. .rr# .H Ifl
ION and t,fr extent ~ the iunu"uc" "I
such organs I9 measured ny 'lfculdu.'.
As tho newspaper press j. TO-DAY, "
most utu.l aud efficient method Tor pHul''
discussion aud the dissemination OF pohu
"a. u.Wa and views ~ D. obvious ul'l
tnis inquiry hy the Postoilce DepaItIh.n'
into On, ownership or new spapSrt duu ~.
rstrnt ~ tHrir influence Is an attylnp' 70
ascertain through the Postofic' l)crart.
mont how influential a given medium OF
public opinion may be-
Continuing Afr Peck says that, IN his
uuiniou. tae second provision confirms tn"
conclusion that the purpos" Of the sec
lion 4. NOT to regulate th" carriage ot
tu. mails. bout &c. .oGuat, the business
Dr Journalism. FOR % seek, 20 prohibit
under any circumstances and without ref
..rrcr tp TIE carria-c ot ti" malls ih'
insertion foo tn" reading columns Of a
u,vrp. Hlr. as d'r'lngul u'd from JUS "h-
vr.tIs.ug columns, ol any matter FOR th"
m-cr,ion of which the publisher has re-
cci..d compensation unless matter thus
Inserted a. marked a~ au advertise
mcuL" li' adds.
! shall not discuss tire wisdom 81 these
I,,Vlatitrs Public policy may require
publicity as 20 ownership and circulation.
and tNe exclusion of paid matter which
uu-Gu,Ttdrs under th" form OF reading
matt,I may likewise bc required by public
police Both provisions rails" prcllm-
mary and fundamental question as 20 tht
bower of the federal government &" regu-
late journalism.
Tie federal government has no power
that g. not expressly or hy fair impIiri-
ton delegated 10 IL. Beyond the guarau-
tee, of the freedom Of the press the con-
sututiuu 10 silent az 10 any federal power
over journalism. Under these circum-
stance. il has always been recognized
that journalism as such. was not WITHIN
The power of the federal government