Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-09-27

DOES NOT GO INIO Tmr CONeli.
TtuuNAirN CO.. TuI
LAW.
MAILING OUT The FORMS
Every Paper Mus, File the Cirua,
zion Win the Post Onicc By
October I,

WAsluNGTON. Sept 26.-Attor-
.ncy General Wickorsham to-day sent
To Postmaster General llitchcock
written opinion on certain phases of
the new federal law requiring daily
and weekly newspapers and some 9th
er publications TO present to the post
master general semi-annual sworn
statements of circulation, ownership
of their stocks and bonds aud other
Information under penalty OF denial OF
The use Of the mails
The attorney general holds with tho
postmaster generals construction
thnt II IS lmmuterinl whether sub
scripuons are individual or in bulk
and that the provision Of the law COW
ers the number of copies OF publi-
cation distributed, to paid subscribe
ers by any means. Mr. Wlckorsham
does not touch upon the constitutions
ality OF the law. which IL part Of the
post office appropriation bill enacted
at the last session OF congress
Mr. Hitchcock inquired whether tho
law shall be limited to paid lndiyid.
ual subscriptions, or shall include pur-
ohases In bulk by news agents or oth-
ers for redistribution, also whether in
your opinion the provision covers
paid circulation OF daily newspapers
not distributed through the mails"
Attorney General Wickersham re-
piled categorically and definitely to
these inquiries, holding that:
10 ofariaI tyhpthar nr
not the subscribers are individuals or
not. The statements should include
the average OF the number Of copies
of the publication for "A definite per-
iod OF time and have paid for such;
and,
2. I'm my opinion, the provision
covers the number OF copies OF such
publication sent 10 such subscriber BY
any means
I'VE shall administer the law Justly
and impartially, as we find it, said
Mr.. Hitchcock today. THE opinion
by the attorney general upholds tho
construction placed upon law by Of
flcers OF the post office department.
We have no alternative; we must en-
force It,
To-day we are beginning to mail
to 10000 editors, publishers and 9TH
crs Interested, forms to be filled out
in compliance with the law. These
will reach their destinations by oct.
/. Under the act they must be filled
out and returned as soon as possible.
In the event OF failure to comply with
the provisions Of the law, publishers
may be liable TO the penalty provided
by congress.
Attorney General Wickershams
opinion begins with review Of tho
law itself and the questions raised by
the postmaster general. lie refers
first to tho provision recurring a
sworn statement Of circulation. and
writes as follows:
"The provision is highly penal in its
nature, as a consequence ~ failure
to comply with IT. is punished by deny
ing to the publication the privilege
Of the mails not merely the privilege
of being carried IN the mails as second
class mail matter, but the privilege OF
being carried in the mails at all Be-
ing, therefore, IN denial of common
right, the provision should not he con-
strued TO embrace anything moro
than falls clearly within it's terms ana
by those terms the requirements n
the statement are limited to the ave-
eraee of the number of copies of each
issue of such publication sold or de-
lNored to paid subscribers du'in- 40
preceding six months