Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-12-03
Counsel for Lewis Publish
ing Co. Attacks Laws
Regulating Publications;
Hearing Set for Monday.
GOES INTO HISTORY
OF CONSTITUTION
Says it Does Not Expressly
Give Any Power to Regu-
late Journalism; Cites Su..
preme Court Decisions.

! ,
Washington D. c., Nov. 3O.-For
mer Assistant Attorney James NJ
Beck filed today in the supreme court
his brief in the case brought by the
Lewis Publishing Co., to test the con-
stitutionality Of the newspaper public
ity law.
The brief discusses fully the power
Of the federal government indirectly
to censor the press through the reg
ulation of the mails, and reviews at
length the struggle in England and
America to free the press from re-
straint and the meaning of the first
amendment forbidding any abridge-
ment of the freedom of the press.
Mr. Beck argues that as the consti-
tuition did not expressly give any
power to regulate journalism, any at
tempted regulation can only be JUS
titled as a necessary and proper
means to carry out some federal func-
ton
He denies the regulation Of news
PAPER ownership and the enforced
publication of it's business can I've an
appropriate means of carrying out the
federal power over the mails.
The brief reviews all of the decis-
ions Of the supreme court, numbering
over twenty, in which congressional
acts have been lrvalidated by the SD
rreme court fof want of constitution.
al power an dit claims that the pres
ent law Is within the doctrine nf
those decisions.
Mr.. Beck strongly denounces the
idea that congress can so use It's pow
ers as to accomplish unconstitutional
ends. This the brief calls "nullifica-
ton by indirection" and it cites the
commodities clause of the Hepburn
bill, Senator Beveridge's child labor
bill and the present newspaper law
as striking examples Of an attempted
perversion of federal power to accom-
plish an Interior and unconstitutional
end
After reviewing the struggle which
led, both in England and America, to
freedom Of the press, he asserts that
such liberty consists, not only in
freedom from absolute prohibition,
but also exemption from any burden
some or unreasonable restraint. Any
undue burden upon writing or publ
cation or other restriction Of the full
right to print and circulate is an
abridgement Of the press and con-
trary to the first amendment.
The brief argues that the enforced
publication of newspaper COM
pany's circulation and the publishers
creditors would unduly burden the
power of the weak newspaper to com,
pete with the stronger and in many
cases drive the weak newspapers to
the wall.
He further argues that at the time
the first amendment was adopted the
impersonal dissemination Of ideas was
generally recognized in discussion.
"The Letters of Junius' are cited
also as the fact that the constitution
itself would never have been adopted
had it not been for the federalist pa
per published anonymously by Hamil-
ton; Madison and Jay. -,
An attempt to compel newspaper
to disclose either it's owners or its
creditors or to compel it to mark as
an advertisement matter which 1t has
published for a consideration, re-
stricts the freedom Of discussion and
is contrary to the custom of imper-
sonal writing which prevailed gener-
ally in England and America when
the constitution was framed
The brief further argues that the
application of the newspaper cot
umns to enforce the policy Of public
ity without compensation. violates
the fifth amendment in taking prop
erty without due process of law.
Mr. Beck argues that the law has
the merit of sincerity in that it makes
no hypocritical pretense to being a
means to carry out any constitutional
power. He quotes the debates of con-
gress as showing that the, authors Of
the bill, Senators Bourne and Reed.
and Representatives Henry, Barnhart
and others, all admitted that the pur-
pose of the act was to compel pup
lie disclosure of the ownership, Of
newspapers and of the influence
which dictated their policies.
The supreme court has specially set
Monday next for the argument of this
test case. It is expected that Robert
G.. Morris will open the case for the
newspaper Solicitor General Bullitt
will speak for the government and
James T. Beck will make the closing
argument for the newspaper press.
Abba Reservoir Enlarged.
IT,, s,,