Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-09-26
new FEDERAL LAW REVIEWED
RELATION To NEWSPAPERS
N. BECK HOLDS THAT THE APPROPRIATION BILL
LATELY PASSED BY CONGRESS, REQUIRING CERTAIN
STATEMENTS BY NEWSPAPERS, IS UNCONSTITUTIONAL

ppWeT OI euON eSuld JOUR-
n!alism on prextest of regulating the
mails, deserves a careful reading by
alA who believe in freedom of the
pr4ss.
IVY opinion has been asked az to
the constitutionality of that portion
of IAN Act making appropriations
for the service of the Post Office De-
partment." approved August "a,
1912, which under the guise Of reg
ulating the carriage of the mails
seeks to regulate journalism.
The section referred to is novel,
far reaching and, whether intention
al or u~nintentiaI, will be, if sustain
ed as a valid law, the entering wedge
for a federal censorship of the press.
Without quoting the section in full,
1t is enough to say that the Act, IN
der the pretence of making a%ppropri-
atoms for the Post Office Depart
ment, makes ii the duty OF the editor,
publisher, business manager or owner
of every newspaper, magazine, pc
riodical or other publication to file
with the Postmaster-General twice a
year
"a sworn statement setting forth
the names and post-ofice adj
dresses of the editor and manag-
Ing editor, publisher, business
managers, and owners and, in
addition the stockholders, if the
publication be owned by a corpora
tion; and also the names Of known
bondholders, mortgages or other
security holders, and also in the
dase of daily newspapers, there
shall be included in such state
ment the average of the numbers
of copies of each issue of such pub
LEGATION sold or distributed to paid
subscribers during the preceding
six months"
1t is further provided:
THAT all editorial or other read
ing matter published in any such
newspaper, magazine, or periodical
for thAn&Rllcation Of which money
or other valuable consideration is
paid. accepted or promised shall
be plainly marked advertisement
Any editor or publisher printing
editorial or other reading matter
for which compensation is paid,
accepted or promised without so
marking the same shall upon con
viction in any court having juris-
diction be fined not less than fifty
dollars nor more than five hundred
dollars"
These two sections have different
purposes. The one seeks to establish
an inquisitorial examination into the
ownership Of new papers and the
amount Of their circulation, not for
the purpose Of regulating the car
riage OF the mails but in order to
determine who is the responsible
owner OF the organs of public opin-
ion and the extent Of the influence
of such organs as measured by cir
culation. AS the newspaper press is
today the most usual and efficient
method for public discussion and the
dissemination of political news and
views, ii is obvious that this inquiry
by the Post Office Department into
the ownership of newspapers and the
extent of their Influence Is an at
tempt 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 to regulate the bust
ness of journalism, for il seeks to
prohibit under any circumstances
and without reference to the car
riage of the mails the insertion in the
reading columns of a newspaper, an
distinguished from its advertising
columns. OF any matter, for the inser-
tion of which the publisher has re-
ceived compensation, unless matter
thus inserted Is marked as an lad
vertisement1 Ass,ss
shall not discuss the wisdom OF
these regulations. Public policy may
require publicity as t. ownership
and circulation. and the exclusion OF
paid matter, which masquerades un-
~aer 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 tc
regulate journalism, and il is to this
inquiry that propose to address my
self.
The Federal Government has no