The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-09-27
WILLENfORCELAW..
NO ALTERNATIVE
Hitchcock Gets Attomey-Gen-
erals Opinion on Act Regard
ing Newspapers.
NOW PREPARING BLANKS
Wickersham Merely CONSTITUTES,
Not Touching on Measures
Constitutionality.
NOW PREPARING BLANKS

ney.Gsneral Wtckersham to-day sent
to Postmaster.General Hitchcock a
written opinion on certain phases Of
the new Federal law requiring daily
and weekly newspapers and some
other publications to present to the
Postmaster-Generals emiannual sworn
statements OF circulation. ownership
Of their stocks and bonds and other
Information under penalty OF denial
Of the United States mails.
The Attorney-General upholds the
Poktmaster Generals CONSTRUCTION
that 1t II immaterial whether SUBJ
scriptions are individual or in bulk.
and that the provision Of the law COW
ers the number OF copies Of a publ
cation distributed to certain paid sub
scribers by any means. Mr.. Wicker
sham's opinion. prepared at the direc-
ton Of President TAFT. does not touch
upon the constitutionality OF the law.
which Is part Of the post-office appro-
priation bill enacted at the last ses-
sion Of Congress.
Mr.. Hitchcock inquired whether the
law Shall be limited to paid individual
subscriptions or shall include pur-
chases in bulk by news agents or 9TH
ers for redistribution; also whether. in
your orin3on, the provision covers
paid circulation Of daily newspapers
not distributed through the mails"
Attorney General Wicksrsham re-
piled categortcally and definitely to
those inquiries. holding that:
(l) 1T u immateril whether or
not the subscriptions are individual
or In bulk. The statement should In
cJude the average Of the number OF
c. pies Of each issue Of such pubiica-
ton sold or distributed to all persons
who have subscribed; that is. have
agreed to take and pay for one or
more copies Of the publication for q
definite period Of time and have paid
for such subscriptions. and
co I'm my opinion. the provision
covers the number Of copies Of such
publication distributed to such paid
subscribers by any means. whether
by the malls or otherwise"
I'VE shall administer the law Justly
and fmpartially az we hnd It." said
Mr.. Hitchcock to-day. The opinion by
the Attorney General upholds the con-
struction placed upon the law by ON
GERS Of the Post once Department.
We have no alternative: We must en-
force 1t.
"To-day we are beginning to mall
to 12o,o 600 editors. publishers and otn-
ers interested forms to be hlied out
in compliance with the law. ihess
will reach their destinations by oc-
tobar 1. when the law becomes enec-
tive. Under the act they must be
d1led out and returned as soon a.
practicable. In the event OF failure 70
comply with the provisions OF the law
publishers may be liable to the PEN
atty provided by tho Congress.
Attorney General Wickersham
opinion sets out with a review OF the
law itself and the questions 1aise"
bv the Postmaster-GeneraL
He refer. frst to the provision re-
curing a sworn statement Of subscrip-
lions. and writes as follows:
The provision is highly pena! In Its
nature. as q consequence OF iaiu.s "
comply with 1t Is punished by DENYING
to the publication the priy,ese ef % Being
carried in the mails as second class
mail matter, but the privilege OF being
carried in the mails at all Being,
therefore in derogation OF common
right. the provision should NOT De con con,
falls clearly within its terms. ana oy
vhose terms the requirements OF the
statement are limited to the average
Of the number OF copies OF each issue
Of such publication sold or distributes
to paid subscribers during the pIeced-
ing six months.
Then Mr.. wickersham goes on to an
extended discussion Of the definition OF
the verb ito subscribe" and holding
that IL has definite meaning in both
a legal and . popular sense, quotes ex-
tensively upon its definitions from the
Century Dictionary and Cyclopedia. the
standard Dictionary and a decision In
the ease Of Ashton VS. Story, IS Iowa,
lsf. ,oi; 81 n ". Rep, bSol. In which
i, was held that 80 become . subscrib-
er TO a newspaper includes some volun-
tary act on the part Of the subscriber
or something which is in effect an as