Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1912-09-29

nee department INTO the ownership or
newspapers and the extent OF their
influence Is an attempt TO ascertain
through the post Office department
how influential a given medium OF
public opinion may be
The second provision confirms the
conclusion that the purpose of the
section is not TO regulate the carriage
Of the mails, but &c regulate the bust
ness Of Journalism, for il seeks tn
prohibit under any circumstances and
without reference TO the carriage OF
the mails, the insertion in the read
ing Columns of a newspaper. as dis
tinguished from its advertising col
umns. OF any matter. for the insertion
of which the publisher has received
compensation, unless matter thus in
mentr
Raises Question Of Power.
] shall not discuss the wisdom of
these regulations. Public policy MAJ
require publicity as to ownership and
circulation. and the exclusion of paid
matter which masquerades under the
form OF reading matter. may likewise
be required by public policy Both
provisions raise a preliminary and
fundamental question as to the power
of the federal government 10 regulate
Journalism. and Il is to this i7uuir-
that | propose TO address myself
The federal government has no
power that is not expressly or by fair
implication delegated TO IT, Beyond
the guarantee Of tire freedom OF the
h l., al a.,
any federal power over Journalism
Under these circumstances, il has e.
ways been recognized thar Journal
ism, as such, was not within the pow
er of the federal government. IN
questionably the physical carriage OF
newspapers from state to state Is in
terstste commerce and undoubtedly
the carriage OF newspapers by the
post Office department Of the United
States government is, as to such car
riage. a federal function and within
the power of the federal government
the federal government
can forbid the conveyance from state
to state by the ordinary channels n
interstate commerce OF the convey
ance by its pest Office department,
either between the states or within
the states. of any matter which In
the judgment % congress is prejUdi-
cisl to public morals. a newspaper.
therefore. which contains lottery ad-
yertisements or otherwise immoral
matter. may be excluded either from
the mails or from interstate convey.
ance by means OF express companies
or otherwise
Ccnceding this power of regulations
as to the channels OF interstate COM
merce and Of the post roads, a moro
difficult question remains, whether IN
der the guise Of such regulation the
federal government can in effect 20
into the newspaper Offices and regu-
late the methods of journalism. as
to which IL would otherwise be with
out any constitutional power. II sc,
the federal goveEnment can exercise
an effective censorship of the press
IN matters other than those OF strict
morality. by simply denying TO the
newspaper publisher either the fscil-
tiles Of interstate commerce or the
instrumentality of the postal service
except under condition that il shall
conform 20 such views as to Journal
istic methods as congress may pre-
scribe. Such an extension of power
has hitherto been undreamed OF and
IL II exist, il is obviously a matter
of the gravest concern. The newspa-
per press is in theory and fact the
fourth estate" and anything that af-
fects its freedom from undue govern
ment interference is OF vital import
ance to the perpetuity of our insti-
buttons. II such power be now con
eeded without 4 contest, ii may be the
entering wedge for further regulation
and the freedom OF the press may
thereby ultimately be jeopardiZed.
Not a New Agitation.
The attempt to censor the press Is
not altogether novel During TIE ad-
OF Andrew Jackson an
agitation sprung up TO exclude from
the United States mails all newspa-
pers which contained anti-slavery mat
ter on the ground that Il tended 70
disturb the public peace In 1888
President Jackson recommended %
congress the Passage OF a bill 70
make such an exclusion from the fed
eral mails. The bill was referred TO
a select committee, OF which John G.
Calhoun was chairman. and or Febru-
airy 4. 1895. the committee made a
report 10 congress. recommending the
passage o. law which would make
Il penal ofIense 10 transmit through
the mails anti-slavery documents 10
any state. which had a local law for
bidding the circulation of such print
ed matter Although a pro-slavery
man. Calhoun expressed the opinion
in this report that the federal gov
eminent had no direct power TO for
bid the circulation OF snti-slavery
matter, except as an auxiliary TO
police regulations OF the several