New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-19
NEWSPAPER ACT RU|NOUS,
SAY LAWYERS IN TEST
Violation of Constitutional Lib
erty of rs, 900 Publications
Charged in Brief.
BUSINESS MEN WARNED
Lawyers and Doctors Told They
May Be Required to Disclose
Clients if Objections to
Postal Law Fail.

Washington. Nov. 1S.-The opening at
tack on the consttutionality OF the sec
tons of the recent postal appropriation
act, requiring newspapers to give pdsta
authorities access TO their circulation rec
ords and to publish the names OF theii
stockholders and bondholders, as well as
TO label paid political articles as adVer'
tisements, was made to-day before the
Supreme Court of the United States In
printed brief fled by Robert G. Morris and
G.. b. Plante, on behalf of THE Journal OF
Commerce and Commercial Bulletin" OF
New York. The case is set for argument
orally on December 2.
The attorneys for the newspaper con-
tend principally that the sections violate
the constitutional liberty of the twenty
FIVE thousand newspapers, magazines and
periodicals published throughout the
United States
Deny Right Of Regulation.
Unlike public service corporations, the
newspapers, the attorneys claim, possess
no elements which give the government a
right 10 regulate their business, except
I'm so far as the public morals or public
welfare is concerned. The brief con-
tlnues:
Absolutely no authority can. be found
for a contention that the provisions COM
planned of in this act were enacted Tor
the public benefit Neither the govern
ment nor the public at large can be bene-
fitted by the knowledge OF the private
business affairs and the financial condi-
ton Of the owner of "A newspaper. on
the other hand, the provisions objected 20
in the act are more than unreasonable III
their demands upon the owner OF news
paper-they are pernlciousy inquisitOrial.
They strike down private rights ana IN
wade personal freedom and destroy prl-
vate property in that they rum the pup
lication il II refuses to meet their
arbitrary demands, for ruin would surely
follow the denial of the privileges or the
mail 4,
In the act individual injury IS inflicted
without any corresponding benefit 70 So
ciety. IL the corporation is doing business
upon borrowed money for which II ma
issued It's notes or other obligations IL
must publish TO the world the holders OF
such obligations, to the annoyance OF such
lenders and the endangerlnS OF It's cred.t.
II must show the vulnerable spots in It's
financial armor To the benefit OF It's COM
petitors and enemies. Banks and other
large financial institutions VIII refuse 20
loan il money for fear that they VIII DE
held out and advertised as supporting or
controlling its editorial or political policy.
Nor are these fanciful objections. TO'the
business man they are real and alarm
ing.
The attorneys warn lawyers, doctors
and other professional men that If this
act is upheld Congress may equally re-
quire them TO publish and disclose the
names OF their clients.
The vexIng question of where the line
shall be drawn between books and peri
odicals in the mails was passed on to-
day by the Supreme Court. which re-
fused TO interfere with the Postmaster
Generals decision 10 withdraw second
class mailing privileges from the Tip
Top Weekly" and Work and VIM New
York publications. .