New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-27
W|CKERSHAM RULES
ON NEWSPAPER LAW
Upholds HitChCoCk'S Construc'
ton, but Does Not Touch on
Constitutional Questions.
SUBSCRIBER" DEFINED
Postmaster General Says Stat
ute Will Be Enforced Justly
and Impartially-Blank
Forms Sent Out.

Washington, sept. -o.-AttOIH'S
Wlckersham to-day sent to Postnlas'e'
General Hitchcock written opinion q"
certain nhases of the new federal la"
recuiripp daily az reckly newspapers
and some other publications TO present L"
tho Postmaster General semi-aniua'
sworn statements of circulation, owner
ship Of their stocks and bonds and other
information. under penalty OF dehlai VI
the use of the mails.
The Attorney General upholds the fosI-
master Generals construction that IL -
imnaterial whether subscriptions are IN
d!vidual or In bulk, and that the pro-
vision Of the law covers the NUMBER OF
comics Of publication distributed to GER
tain paid subscribers by any name. MT
Wlckersham's opinion. prepared at the III
rection Of President Taft. does not touch
on the constitutionality of the law, when
Is part Of the postoffice appropriation bill
enacted at the last session Of Congress.
Mr.. Hitchcock inquired whether the Ia"
shall be limited 70 paid individual SUD
scrlptions or shall include purchases IN
bulk by news agents or others for re
distribution; also whether in your opinion
the provision covers paid circulation OF
daily newspapers not distributed through
the malls"
ATTORNEY General Wickersham replied
categorically and definitely to these in
quiries, holding that:
First-It is immaterial whether or not
the subscriptions are individual or IN
bulk The statement should INCLUDE INC
average Of the numl or OF copies or each
issue Of such publication sold or ulS-
tributed TO all persons VINO nave supl
scribed: that is, have agreed 10 tahe ~
pay for one or more copies OF the puull.
cation for q definite period of time, anu
have paid for such subscriptions; anu
Second-In my opinion the provision
covers the number of copies OF suCh pup
lication distributed TO such paid SUD
scribers by any means. Whether U! t"o
mails or otherwise
I'VE shall administer the law Justly and
impartially. as We find it," said Mr.. Hitch
cock to-day The opinion by the Attor-
ncy General upholds the construction
placed upon the law by officers OF the
Postoffice Department. We have no al
Tentative We must enforce II.
To-day we are beginning TO mail TO
10000 editors. publishers and others IN
terested forms to be filled out In compli-
ance with the law. These will reach their
destinations by october l, when the law
becomes effective. Under the act they
must be filled out and returned as soon
as practca BILE. In the event OF failure
20 comply with the provisions Of the
law publishers may be liable to the pen
atty provided by Congress.
Mr.. Wiekersham's Opinion.
Attorney General Wickersham's opinion
begins with a review Of the law and the
questions raised by the Postmaster Cen
cral. He refers first 10 the provision re-
curing n sworn statement Of subscrip-
tions. and says:
The provision Is highly penal IN ITS
nature as A consequence OF failure TO
comply with il Is punished by DENYING
10 the publication the privilege OF the
mails. not merely the privilege OF being
carried in the mails as second class man
matter. but the privilege OF being car
RED In the mails at all. Being, mere
fore. In derogation OF common right the
provision should not be construed 10 en-
brace anything more than falls clearly
within its terms, and by those terms the
requirements Of the statement are hmlteo
10 'the average Of the number of copies
of each issue of such publication sold
or distributed TO paid usbscrioers during
the preceding six months