Arizona republican., 1912-09-27
Regulating Journalism

It is the evident purpose of the Newspaper Publishers association to test the constitutionality of the new law regulating journalism. by requfr- ing the filing with the postmaster general twice year,
 ''a sworn statement setting forth the names and postoffice addresses of the editor and managing editor. publish er, business managers. and owners. and. in addition. the stockholders. if the publication be owned by cor roration, and also the names of other security holders. and also in the case Of daily newspapers. there shall he included in such statement the average of the numbers of copies of each issue of such publication sold or distributed to paid subscribers during the preceding six months"
 IT is further provided:
 That all editorial or other reading matter published in any such news paper. magazine. or periodical for the publication of which money or other valuable consideration is paid. ac- oepted or promised shall be plainly marked advertisement Any editor or publisher printing editorial or other reading matter for which compensa- ton is paid, accepted or promised without so marking the same, shall upon conviction in any court having Jurisdiction be fined not less than fifty dollars nor more than five hum dred dollars"
 The association has secured from James NJ Beck. one of the foremost constitutional lawyers in the United States very elaborate opinion that the law as a whole is unconstitutional and void. and I am confident that if the question were tested, the district court of the United States. or. in any event, the supreme court of the United States would so decide"
 Mir. Beck finds that the regulating sections have different purposes. The first is to satisfy a curiosity regard ing the extent of the influence of newspapers and is inquisitorial The second. like the first, does not seek to regulate the carriage of the mails but to regulate the business of journalism.
 Mir. Beck does not discuss the wis dom of these regulations Public pol ice, he supposes, in order to cut the brush away. may require such regu- lation. but he addresses himself to the inquiry whether congress has such power of regulation. He begins with the proposition that the federal gov ernment has no power that is not eX- pressly or by fair implication dele gated to it. Journalism, as such. has yond the power of the national gov ernment though the right to refuse to carry in the mails matter believed to be prejudicial to public morals is admitted That has nothing to do with the discovery of the secrets. or the regulation of the methods. of go that far it could go farther and exercise a strict censorship in mat ters other than those of strict mor- ality
 Says MT Beck: Such an extension of power has been hitherto undream cd of and if it exist it is obviously a matter of the gravest concern. The newspaper press is in theory and fact the fourth estate and anything that affects it's freedom from undue governmental interference is of vita importance to the perpetuity of oul institutions. If such power be con- ceded without a contest it may be the entering wedge for further reg ulation and the freedom of the press may thereby ultimately be leopard ized'
 It is pointed out that the censor ship of the press has been attempted before in this country. During the presidency of Andrew Jackson there was an agitation for the exclusion taining slavery matter on th' ground that it tended to disturb th' public peace. Such a bill was intro duced on the recommendation of tht president and was reported by ; special committee of which John c Calhoun was chairman. Though ; pro-slavery man, MT Calhoun in hi report was of the opinion that tn federal government had no direc power to exclude anti-slavery matte except as an auxiliary to the police regulations of the several states. Th' bill was opposed by Daniel Webste and was defeated.
 Mir. Beck cites numerous authoritie! all tending to show that the fedora government is utterly without th'