The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1912-09-27

Periodicals 70 File Win Government
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Washington. D. c., Sept. 26.-Attor-
neY General WieksEshAn to-day sent to
4 Ppstmastsr General Hiteheesk a writ
Sen opinion, ON, certain phases OF the
new federal law requiring daily and
weekly newspapers and some other pub
LEGATIONS TO present to the Postmaster
Ganeral ssmi-annual statements of cir
eulatiOns ownership Of their stock and
bonds and other information, under
penalty Of denial of the use of the
mails.
The Attorney General upholds the
Postmaster Generals eonstFnction that
it is immatsriAl whether subscriptions
are individual or in bulk, and that the
provision of the law covers the number
of copies of publication distributed
to certain paid subscribers by any
means. Mr.. Wiekershsm's opinion,
prepared at the direction of President
Taft, does not touch upon the eonstitu-
tiOnality of the law, which is part of
the pOstOfies appropriation bill enacted
at the last session of Congress.
Mr.. Hitchcock inquired whether the
law "shall be limited to paid individual
subscriptions or shall include purchases
in bulk by news agents or others for
redistributiop; also, whether, in your
opinion, the provision covers paid cir !
eulatiOn Of daily newspapers not dis
tributed through the mails ."
wicksrsham's Reply.
Attorney General Wicksrsham replied
categOrieallys and definitely to these in
quiries, holding that:
"1. It is imnaterial whether or not
the subscriptions are individual or in
bulk. The statement shoald include the
average number of copies Of each issue
Of such publication sold or distributed
to all persons who have subscribed;
that is, have agreed to take and pay
for one or more copies Of the publiea-
ton for definite period Of time and
have paid for such subscriptions And,
"2. In my opinion, the provision
covers the number Of copies Of such
distributed to such paid
by any means, whether by
the mails or otherwise"
owe shall administer the law Justly
and impartiaIly, as We find it," said ,
Mr.. HitshsnnL - l-r uThs opinion II
by the Attorney General upholds the
placed upon the law by f.
officers of the Postofiee Department. {
We have no alternative; we must en- {
'oree it. :
Publishers Notified.
To-day we are beginning to mail
o 10000 editors, publishers and Others
Interested forms to be filed out in
Omplianee with the law. These will
each their destination by Oct. /, when
he law becomes effective. Under the
ct they must be filed out and returned n
8 soon as practicable. In the event Il
Z failure to comply with the provisions {
I the law publishers may be liable TO
he penalty provided by Congress. ("
Attorney General Wiekersham' 3 opin. b
IN sets cut with a review Of the law q
self and the questions raised by the d
ostmaster General. he refers first to Il
be provision requiring q sworn state
lent of subscriptions and writes as
allows: n
The provision is highly penal in its "
allure; as consequence of failure IN al
imply with it is punished by DENYING Of
the publication the privilege of the d
ais; not merely the privilege of being
IrTled in the mails as second class mail Vi
after, but the privilege Of being ear. N
ed in the mails at al. Being, thare- Il
re, IN deEogation Of common right 81
10 provision should not be construed
}, embrace anything more than fan.
early within its terms and by thu n
rms the requirements of the st.ta-- :,
ent arelimited to sthe average Of the u
lnber Of copies Of each issue Of. sn.h N
lplaeation sold or distributed 70 Maid ,r
PAenbers during the preceding sir
r-s-s -. So
HAlRIoN JAorr Tor-,r,o.. ay