Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1912-09-29
NEWSPAPER LAW INVALID
IS OPINION Of AN EXPERT
New Federal Newspaper Regulation Is
Unconstitutional, Says One of the
Ablest Attorneys in Country; Would
Be Entering Wedge For Complete
Censorship of All the Publications

The American Newspaper Publish
ers' association has been looking in
TO the question of the validity of the
recent law passed by congress for
the regulation OF newspapers in the
country. In pursuance OF this effort
the association has procured an
opinion from James NJ. Beck, OF New
York, one of the leading lawyers Of
the country. This eminent lawydr
unhesitatingly pronounces the law
invalid. pointing out its clear inva-
sion of the rights OF the states and
setting precedent which if fol
lowed would lead to a complete cen
sorship Of the press OF the country
by the government OF government
agents, something never dreamed of
by those who guaranteed a free press
when this government was founded.
In the recent session OF the Ari.
zona legislature attempts were made
to enact a law in this state carrying
about the same regulating provisions
included in the congressional act.
The viciousness Of this new law
is found not in the requirement that
the newspaper ownership be dis,
closed, but IN the provision that re.
quired a disclosure of its financial
condition. Few business enterprises
would welcome a law which would
compel them to disclose their indebt,
edness in the columns Of a newspaper,
yet this is just what the newspaper
owner is require dto do
Because OF the attempt to enact a
similar law in this state we here give
an extract from the opinion Of Mr.
Beck in which he declares his belief
that the congressional newspaper reg
uIating act is invalid because of a
violation OF the constitution:
My opinion has been asked as to
the constitutionality OF that portion
of An act making appropriations for
The service OF the post Office depart
ment." approved August "a. 1912,
which under the gnise OF regulating
the carriage of the mails seeks 10
regulate Journalism.
The section referred to is novel. far
reaching. and, whether intentional Or
unintentional. will be, IL sustained as
valid law, the entering wedge for
federal censorship OF the press. With
out quoting the section In full. it "a
enough TO say that the set. under the
pretense of making appropriations 70,
the post Office department. makes Il
the duty Of the editor. publisher. bus
mess manager or owner OF every
newspaper. magazine. periodical Or
other publication to file with the post.
master general twice year "a sworn
statement setting forth the names
and post off,ce addresses Of the edi
tor and managing editor. publisher
business managers and owners, and
in addition, the stockholders. if the
publication be owned by a corpora.
ton: and also ;he names OF known
bondholders, mortgages OF other So
eurity holders, and also in the case
of daily newspapers. there shall be
inclrded in such statement the aver
age Of the numbers o; copies OF each
issue Of such publication sold or dis
tributed 20 paid subscribers during
the preceding SIX months"
II is further provided:
That all editorial or other reading
matter published in any such news
paper. magazine or periodical for Ire
publication OF which money OF othe.
valuable consideration is paid. ae-
cepted or promised shall he plainly
marked advertisement Any editor
or publisher printing editorial OF
other reaiing matter for which cora
Densation is paid, accepted or prom
ised without so marking the same.
shall upon conviction in any court
having jurisdiction be fined not less
than $50 nor more than $500.
These two sections have different
purposes The one seeks 70 estaL-
lish an inouisitorial examination into
the ownership OF newspapers and the
amount Of their circulation. not for
the purpose Of regulating the carriage
Of the mails. but in order to deter
mine who is the responsible owner &
the organs Of public opinion and the
extent OF the influence OF such organs
as measured by circulation. AS the
newspaper press IS today the mos.
usual and efficient method for public
discussion and the dissemination II
political news and views. Il Is obvi-
Gus that this inquiry by the post Of