The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-12-28
esnefuinc-s of Tho Precedent Sought
ny Congress I'm Legislation Against
Newspapers
Manufacturers Record.


More than two months ago and be-
fore steps had been taken to test in
the United States Supreme Court the
vicious legislation against newspapers
snesked into the postofice appropri-
alton bill In the closing hours of the
liss session OF Congress. the Manufac-
tarers Record said. with reference to
tae provision characterized officially
by the Attorney General of the Unit
Cd States as highly penal "in deroga-
ton OF common right"
The President approved the bill
containing the highly penal provision
IN derogation Of common right" on
August "a. within a few hours OF its
hnal passage and within one legisla-
i've day OF the adjournment OK Con-
gress ft Is questionable whether a
majority OF the comparatively few
members Of Congress remaining in
the hall of the House of Representa-
tives when the bill went through the
FORM Of Its final passage were really
fware that II carr.sd this highly PEN
nj provision 'in derogation of COM
mon right" 1t was not before them
Tor action until within twenty-four
hours of the action. as II then first
came to light from conference COM
mittee.
The feN members Of Congress who
were responsible for the cowardly de-
vice employed IN getting tho provision
into the appropriation bill brought
the American people under the ne
eessity ot stofying closely their every
action affecting the public whenever
they may happen into the publicity
that they seem to dread. and those
who permitted. without question. the
highly penal provision 'in derogation
to common right" to become law
showed thereby that they are unfit to
occupy the responsible position of a
Congressman.
ones granted that Congress may
hgislste I'm derogation of common
right" against one business OF the
country. and the way Is made for
Congress to iegisiate In like manner
against any other business that may
excite their displeasure or the fear
OF individual Consressmen.
The vital point to be considered Is
that this penal provision 'in deroga-
ton OF common right" is not only
IN entering wedge for censorship OF
the press from Washington. with all
that that involves. but also opens the
way for invasion OF the personal iiber-
~ OF every citizen of the country
The point thus early. emphasized by
the Manufacturers Record was eiabo-
rated last week before the United
States supreme Court by James NJ.
Beck. representing the newspapers as
sailing the constitutionaiity OF the al.
ioged law. He dwelt upon the alarm
.ng tendency on the part OF Congress
Indicated In the newspaper publicity
Nv. To pretend To exercise a power
hat Is in fact a forbidden power. and
ne said:
still contend that Congress may
not utilize the advantage OF second
lass rates To induce newspaper to
Iubmit To- unconstitutional require
nents. Congress can neither enlarge
he powers OF the Federal Govern
ment over the newspaper press by
the durcss Of exclusion from the
malls. nor can II do Jy bribing the
prcss 10y he offer OF special rates.
Criyiclzing the radical contention Of
thc solicitor General that the power
of Congress over the mails is absolute
and unTestraincd. and that Congress
can use such power for any purpose.
however IL may otherwise transgrcss
the limited powers OF Congress. MIR.
Beck said:
~, therefore, the next Congress
should pass law that no newspaper
should be admitted 20 the privileges
OF second-class matter unless its edi-
torial columns should support the
Views OF the majority i'm the next
Congress as to a revision of the tar
IN. the judiciary would bc powcrlcss
To prevent such a strangling of free
discussion.
II so. II must logically follow tina,
the next Congress could not only
brihe thc newspaper press OF the coun.
try into acceptance OF lower tarin
. duties by the privilege OF cheap oil