New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-10
PAPER BEGINS TEST SUIT
Journal of Commerce Attacks
Publicity Law in Court.
WANTS 1T DECLARED VOID
Hitchcock and Wickersham and
Local Federal Officials
the Defendants.

A suit IN equity was begun in the Fed
eral District Court yesterday afternoon
by Morris & Plante, of No. 135 Broadway
as counsel for the Journal of Commerce
and Commercial Bulletin Company, a cor
poration which publishes the daily news
er known as THE Journal of Com
merce, and also publishes THE Review"
weekly. against Frank Hitchcock. Post
master General; George w. Wickersham,
Attorney General; Edward NJ. Morgan,
Postmaster, and Henry A. Wise, District
Attorney, for the purpose OF testing the
consututionality of the postal appropria-
ton law OF August "a, which requires
editors, publishers and business managers
or owners OF every newspaper, magazine,
periodical or other publication to file with
the postal authorities statements not
later than October 1, regarding circula-
ton and the like, under penalty of beng
excluded from the mails
The Journal of Commerce and Com
mercial Bulletin Company states In the
complaint that 1t has more than 81, 900 900
invested in its daily and weekly publica-
lions, which have wide and favorable
regulations as advertising mediums. with
subscribers In all parts Of the country.
and that the papers are distributed by
the postal service, being carried as second
class mail matter
1t adds that the denial Of the use Of the
mails for the circulating OF the two pub
locations would result in the loss of It's
subscription list and the loss in the an
nual sales OF many thousands OF copies
of the newspaper and much advertising
patronage.
The complaint further asserts thst, In
addition to the newspapers owned and
published by the Journal Of Commerce
and Commercial Bulletin Company, up
wards OF 5000 newspapers, magazines and
periodicals are published IN and through
out the United States. each Of which is
doing a large and thriving business, and
together the owners thereof have made
investments in this country OF cash
aggregating many millions of dollars, and
each and all of them are equally affected
by the legislative enactment which II IL
claimed violates the First and Fifth
amendments 10 the Constitution, and be-
ing therefore unconstitutional. is void and
can have no force or effect
Journal OF Commerce and Commercial
Bulletin Company has never disclosed the
circulation of its publications TO the pub
lie or TO officials of the government lex
cept IN far as necessary to secure
entry of the daily newspaper and insur-
ance weekly as second class matter, and
that neither the United States nor the
Post Office Department nor the public at
large have any interest In knowing the
circulation OF those publications or the
average number OF paid subscribers. nor
is said information or a statement thereof
material or necessary 10 aid or assist in
the operation OF the Post ONCE Depart
ment. or in the carrying of the mails;
nor has anything to do with or bears any
relation 10 the regulation OF the mails or
the carrying OF mail matter OF second
class.
The complaint states that as II is the
duty OF Postmaster General Hitchcock
and the other defendants to commence
criminal prosecution 20 recover from the
complainant fines and penalties In ac-
cordance with the provision OF the new
postal law, therefore the Journal OF Com
merce and Commercial Bulletin Company
will be subjected 10 multiplicity Of
sapts and prosecutions and the property
will be taken and dissipated by fines. and
IT will suffer irreparable injury.
1t Is also asserted that 1t Is necessary
for the proper enjoyment Of It's property
and the carrying on OF It's business that
the complainant be permitted to continue
the use of the mails and that as there is
no adequate remedy at law a suit in
equity has been undertaken 10 test the
postal publicity law, IL being added that
In the absence OF relief through equity
the penalties would be unreasonable and
corfiscatory, and would deprive the Jour
nal OF Commerce and Commercial Bull
letin Company of It's liberty and property
without due process OF law, and would
Llikewise deny 10 II equal protection OF
laws and would abridge the freedom OF
the press in contravention OF the First
and Fifth amendments to the Constitu-
ton.
The Federal District Court is therefore
asked to protect the company against the
threatened invasion by the defendants OF
it's inherent rights, and as relief to ad-
fudge and decree that the law COM
planned of is Illegal and void because be-
yond the power OF Congress to enact. and
because II is in violation OF the Constitu-
ton.
The court is further asked TO issue an
order restraining the defendants and all
persons acting through or under them.
from in any way enforcing or attempting
to enforce the law complained of until II
L.. rlxx
whether temporary injunction with like
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