New-York tribune., 1912-12-01
TURN THE TABLES IN
PUBLICITY LAW FIGHT
Lawyers Quote Attorney Gen.
eraI WickerSham's Opinion
in Attack on Statute.
BECK ALSO FILES A BRIEF
Contends That Congress Cam
not Compel Newspapers to
Disclose Owners, Cred
itors or Circulation.

Washington. Nov. 3O.-An unexpected
turn was given to-day TO the legal fight
over the constitutionality of the news
paper publicity law by the attorneys for
"The Journal OF Commerce and CONNER
cial Bulletin" Robert c. Morris and
Guthrie b. Plante, filing with the Supreme
Court Of the United States an opinion by
Attorney General Wickersham as their
answer to Solicitor General Bullitts argu-
ment in favor Of the law.
James NJ. Beck, attorney for the Lewis
Publishing Company, of New York, also
attacked the law In a brief filed to-day.
The case is set for oral argument on
Monday.
The Solicitor Generals defence of the
law was built on the theory that it es-
Iabrshed new conditions regulating the
admission of newspapers to second class
mail
Messrs. Morris and Plante. in reply to
this argument, printed for the court the
opinion which Attorney General Wickers-
ham sent to Postmaster General Hitch
cock on September %. in which the At
torney General said the provisions OF the
statute under consideration should not be
confused with those OF the statutes re-
lating to second class mail matter
The attorneys added that the construc-
tion given to the act by the Attorney
General had been adopted by the Post
master General in the enforcement OF
law. and authority was quoted that this
construction should not be disturbed un-
less clearly wrong.
Power Over the Mails.
The brief submitted by Mr. Beck dis
cusses the power Of the federal govern
ment Indirectly to censor the press
through the regulation Of the mails, ana
reviews at length the struggle in England
and America to free the press from re-
straint, and the meaning OF the FIRST
Amendment, forbidding any Arrangement
Of the freedom of the press
Mr. Beck argues that as the Constitu-
ton did not expressly give any power 10
regulate Journalism, any attempted regu-
lation can only be justified as necessary
and proper means to carry out some fed-
eral function. He denies that the regu-
laton of newspaper ownership and the
enforced publicity of its business can De
an appropriate means of carrying out 'he
federal power over the mails.
The brief reviews all of the decisiohs oi
the Supreme Court in which Congression-
al acts have been invalidated for want OF
constitutional power, and IT is claimed
that the present law is within the doc
trine Of those decisions.
Mr. Beck strongly denounces the ldea
that Congress can so use its powers as 10
ACCOMPLISH unconstitutional ends. Inls
Tho brief calls notification by indirec-
ton i" and il cites the commodities clause
Of the Hepburn BILL Senator Beverage
rhild labor bill and the present newspaper
law as striking examples OF an attempted
perversion of federal power to accom-
plsh ulterior and unconstitutional enos'
After reviewing the struggle Whlch leu
both IN England and America TO the
freedom of the press. Mr.. Beck asserts
that such liberty consists not only III
freedom from absolute prohibition, Out
also in exemption from any burdensohe
or unreasonable restraint Any UNDUE
burden on writing or publication or other
restriction of the full right TO print ana
circulate is declared an abridgement OF
the press and contrary to the FIRST
Amendment.