The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-06-14
NEWSPAPER LAW VALID.
COURT UPHOLDS ITS
CONSTITUTIONAL
Tribunal Maintains View That II Is
Only Regulation of Mail, Not Re-
strictiOn on Press.

of the newspaper publicity" law, en-
acted in 1912 as a provision of the
postal appropriation act, was upheld
today by unanimous decision Of the
supreme court Of the United States.
Chief Justice White announced the
courts conclusions.
This law requires every newspaper,
magazine or other publication to file
semi-annually with the postmaster
general and the local postmaster a
sworn statement of the names Of the
responsible editors, managers, own
ers, stockholders and bondholders,
and in the case Of daily newspapers
of the average daily circulation. Pub
lication of these statements is re-
quired, and for failure to comply with
any of the provisions the publication
shall be denied the privilege of the
mail"
A second paragraph provides that
paid for editorial or reading matter,
or ANY such" publication shall be
marked advertisement under pen
atty of a fine or imprisonment
About SS per cent of the news
papers already have complied with
the law, many under protest The
Lewis Publishing company and The
Journal of Commerce and Commercial
Bulletin of New York led the attack
upon the statute, bringing suits for in
junction in the federal district court
of southern New York. When the
law was upheld there they appealed
to the highest court. They claimed
that the law sought to regulate jour-
nalism" and to enforce a censorship
of the press.
In reply Former Solicitor General
Bullitt contended that, notwithstand-
ing a division of the provision into
two typographical paragraphs by the
senate, after the measure was passed
by the house, the law was only one
paragraph, imposing conditions upon
the use of the low second class mail
rates accorded newspapers and maya
zines. .. :.,:
The supreme court today adopted
Mr. Bullitts interpretations. The use
In The act Of the word entered" q
technical word employed only as to
second class mail matter, showed
Chief Justice White held, that con-
gress in passing the law had in mind
only the second class mail and not
the right TO use the mail as a whole.
The use OF the words privileges OF
the mail the chief justice took to be
positive reference to the second
class Of mail because of the great ad-
vantage newspapers were granted un-
der the second class over other classes
OF mail in order to promote the dis.
semination of current intelligence"
He said congress did not intend TO
exclude papers not complying with
the provisions from the use Of the
mails other than the second class.
The second paragraph, it was ex-
planned, was but part Of the first,
AS shown by the use of the word
SUCH an additional penalty being
prescribed for administrative reasons
only.
The legislative history of the provis
ions, the chief justice declared, up
held the Interpretation Of the words
given by the court.
Alter interpreting the provisions as
imposing conditions upon the use of
the second class mail. the chief ius
tice proceeded to discuss WHY con-
gress held the right to impose such
conditions
study of postal laws from colonial
days to the present, he said, showed
a persistent adherence to a policy Of
discrimination in favor of newspapers
in the mails. He quoted Mr. Bullitt as
stating letter mail was subject to q
charge so times higher than news
papers and that letter mail produced
an annual profit of $4,000, 900, while
the newspaper class entailed q $40
100000 annual loss on the govern
ment.
AS further discrimination, he said
individuals must pay a higher rate for
mailing newspapers than the pub
fishers or news agents.
IN return for this discrimination,
the chief justice declared, congress
had the right to fix the standard tu
bc met by those who wished to eniov
the privileges. AS far back as 1887.
:dles were promulgated for those who
desired to enjoy the privilege Of the
cheap rates.