Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-09-25

states or within the states. of anv
matter which in the judgment of con- !
gress is prejudicial to public morals. !
A newspaper, therefore. which con-
tains lottery advertisements or other
wise immoral matter may be excluded
either from the mails or from inter
state conveyance by means of express
companies or otherwise.
Conceding this power of regulation
as to the channels of interstate COM
merce and of the post roads, a more
dlfhcuit question remains, whether
under the guise of such regulation the
federal government can in effect 90
into the newspaper offices and regu-
late the methods of Journalism, as to
which 1t would otherwise be without
any constitutional power. If so. the
federal government can exercise an
effective censorship of the press in
matters other than those of strict mo-
rallty, by simply denying to the news
paper publisher either the facilities
OF interstate commerce or the instru-
mentality of the postal service en-
cept under condition that it shall con-
form to such views as to journalistic
methods as congress may prescribe.
Such an extension of power has hith-
erto been undreamed of and if it ex-
list, it is obviously matter of the
gravest concern. The newspaper
press is in theory and fact the fourth
estate" and anything that affects its
freedom from undue governmental in
reference is of vital Importance to
the perpetuity of our institutions. If
such power be now conceded without
contest, It may be the entering
wedge for further regulation and the
freedom of the press may thereby ul-
timately be jeopardized.
The attempt to censor the press is
not altogether novel During the ad-
mtnistratton of Andrew Jackson an
agitation sprung up to exclude from
the United States mails all newspa-
pers which contained anti-slavery
matter on the ground that it tended
to disturb the public peace. In 1885
President Jackson recommended to
| congress the passage of a bill to make
such an exclusion from the federal
/
lect committee, of which John C.
Calhoun was chairman, and Feb 4,
1885, the committee made a report to
congress, recommending the passage
of law which would make it a penal
offense to transmit through the mails
anti-slavery documents to any state,
which had local law forbidding the
circulation of such printed matter.
Although a proslavery man, Calhoun
expressed the opinion in this report
that the federal government had no
direct power to forbid the circulation
of anti-slavery matter, except as an
auxiliary to police regulations of the
several states. James Buchanan af.
tirmed the broader power of the fed
eral government to exclude any mat
ter from the mails, which it deemed
Objectionable. The views of Buchan
an and Calhoun were opposed by Dan
lei Webster and the proposed bill was
!, rejected by vote of 25 to 10.
, This legislation therefore involves
!, two questions
l. Can the federal government pro
hibit under the threat of imprison
ment the insertion in a newspaper OF
: paid matter unless it is plainly mark
, ed as an advertisement?
2. Can the federal government eY
clude from the mails any newspaper
: or other publication which fails t
/ file with the postmaster general semi
: annually sworn statement as to its
business and editorial management
and it's circulation?
The first question admits of an cas-,
answer. That portion of the law does
not pretend to exclude from the mail.
publications which contain advertise
ments which are not marked as ad
vertisements. If it did, it would sug
gest a question which will hereafter
, be discussed in connection with tn,
: second question, how far the powe
} of congress to determine what shall
2 not be carried in the mails include!
the right to exclude otherwise limo
cent mail matter, unless it conforms
I to the conditions prescribed by con
) gress. But that portion of the Law
which forbids the publication of ad
vertisements as reading matter doet
not pretend to regulate mail matter
l Whether such publications are car
ried In the mails or not, the mere in
; sertion by any editor or publisher o
reading matter for which compensa
> ton is paid, accepted or promised
3 without so marking the same" is pro
2 hibited and punished with imprison
: ment. Under this section of the law
: a newspaper which made no use what
! over OF the mails and did not avail
I itself of any other federal instrumen
: tality, like the channels of interstat,
= trade, would yet be prohibited from
: publishing paid matter except as al
: advertisement. No such far reaching
; usurpation of the reserved polio
r powers OF the state has ever beel
: brought to my knowledge. 1t is
plain, palpable and NAKED invasion O
I the reserved rights of the states.
y Is doubtful whether even a state, wit
q more comprehensive powers OF legis
d lation, could pass such law, in viey
Q of the guarantee of the freedom O
9 the press which may be found in a
n most any state constitution.
d Freely admitting that the practic
r OF publishing paid matter as ordinar