Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-10-22
to establish espionage, supervision or

in behalf Of the government or those
who have part in the exercise Of its
| powers. 1t Is a serious question
whether it does not fall under the con-
stitutional prohibition Of making any
law "abridging the freedom Of speech
or of the press" and whether it may
not have the effect Of impairing the
value Of property in some cases, there
by depriving its owners Of some part
Of 1t without due process Of law" 1t
is altogether doubtful whether such
an enactment comes within the con-
stitutional power Of the Federal con-
gress In any case. 1t Is absolutely GER
tain that Withholding the privileges Of
failure to comply with such require
ments would be an enormous abuse Of
such power. The mail service Of the
government for every legitimate pur-
alike, and II 1t can be closed against
any one class as penalty for anything
that may be made an offense by
doubtful enactment there Is hardly
limit that can be set to this abuse. It
Is not for this that the power ITO es-
tablish postofflces and post roads" Is
granted by the constitution. It is GER
tainly the duty Of those Immediately
affected in this case to have the valid
ity Of such an enactment fully tested.
The Journal Of Commerce need
hardly remind its readers Of the inde-
pendence of its editorial columns. In
ownership and in every other business
relation it Is absolutely free and in
dependent, and has no interest what
ever to serve or consider in the slight
est degree, except what 1t believes to
be sound public policy. In the publi-
cation Of its news its policy Is the
same. Paid news matter is rigidly ex-
cluded. Only the advertising columns
are for sale. When advertising pos
sesses news value, such as an import
ant bond issue, a change in time table
or any other unobjectionable matter
Of public interest, 1t is apt to be re-
ferred to in the news columns with or
without advertising. In the case Of
book notices and theatrical reviews,
which the law absurdly says shall be
marked "adv.," the considerations re-
ceived are simply a copy Of the book
reviewed and a ticket Of admission for
the dramatic writer.
To use the mails as an instrument Of
punishment where no moral or trea-
sonable crime has been committed, or
in cases having no relation to the post
office, is dangerous abuse Of Federal
power. To compel newspapers to pub
licly reveal details of their private af-
fairs, not required Of any other busi-
ness, is grossly unjust and inquisito-
rial, savoring more Of legislative spite
than public welfare. And to compel
newspapers to label certain matter ad-
vertising which Is not advertising,
marks a step in government censor
ship that Is highly Objectionable, and
should meet stout opposition from ev-
cry editor and publisher. The Ameri-
can public is quite competent to ex-
ercise all necessary censorship Of the
press without aid from congress or the
government. This effort to strike at
the press by a set Of extremists in con-
gress who have felt its structures, is of
Importance to every citizen who values
a free press; and publishers should
awake without delay to the fact that
the law may be made still more strin-
gent at the opening Of congress, unless
determined opposition is promptly
forthcoming. The law should be re-
pealed at the first opportunity.
For these reasons 1t has been deemed
appropriate that the Journal Of Com
merce put itself forward, with the con-
currence and support Of the American
Newspaper Publishers association, Of
which 1t is a member, to have these
provisions of the postoffice appropria-
ton bill for the current fiscal year
brought conspicuously to the attention
Of the public and subjected to judi
cial test Of their validity. With this
view, what may be properly regarded
as friendly suit" has been brought
and an injunction asked for against
the application Of the penalty denying
the privileges of the mail until the
constitutional test can be applied and
the rights involved can be judicially
determined. We believe that there
can be no question Of the propriety or
desirability Of this course, and there
can hardly be doubt that the courts
will grant and sustain the injunction
asked for until there can be final
and authoritative decision in matter
involving such an important principle
Of government policy, and such large
interest in which the public has pc
culiarly intimate concern.-New York
Journal Of Commerce.