Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-06-10
NEWSPAP ER MUST
DISCLOSE NAMES
OF TRUE OWNERS
Supreme Court Decision Op-
holds Validity Of Rssuls-
tions Imposed BY Postal Ap.
preparation Rider Last Yeas.

-" N""N"@ N""""N" W""HH
fBy Leased wire % Evoninr Herald
Washington. June fo.-Aa lnser-
prcted by H. tho supreme court today
upheld the constttusionaiity Of ths
ncwspaper Law as para Of tho popsal
appropriation act or 1919.
The particular section attacked @as
% bar every newspaper and period
teal frem the iu4iia unieaa the eds~
tors OF owners fiicd with the postal
authorities aeml-annuai sworn niato-
ments giving the namca OF editors.
owners. at0ckhoNdpra and bond hold
err and tho average daily circulation
and thereafter immediately tubsiAhed
gho statement "a also forbade. nndor
penalty of a fno she publication pf
paid-f0r articles without marking
them advertisement
A bitter fight was made nRAlnss the
law The Journal ~ Commerce and
Commercial bulletin Of New York led.
ie sought TO have the United states
district court for southern New York
enjoln the postmaster general from
cnf0rcins the ect on tho ground that
IL Was unconstitutional Tho obioci
tion then raised was that the law
abridged the freedom Of the prens BY
seeking 10 regulate tho nownpapor
business The government defended
tho law as Eegulnti0n of tho use of
second class mail privileEea.
The New York court Sustained the
validity OF the law la this case. 40 Il
did In that brought by the Lewis Pub
lishing company Of New York.
IA N said that the law affects more
than a5,00o publications In me United
States. Chlef Justice white inter-
preted the objectionable regulation az
being not a restriction OF freedom Of
tho press but merely as afixlnE addi-
tionai conditions Tor admission oi
newspapers 20 the special privilege OF
the second class malls.
In the course OF his opinion ne said !:
WAS the provision intended simply
10 supplement- the existing legislation
relative 20 second class mail matter
or was Il enacted as an exerlson of
legislative power 90 rarulase tlie press.
70 curtail ltn freedom. ard under the
assumption that there was right 70
compel obedience 10 command Of leg
islation with tho object In view TO do.
prive one who refused to obey of all
right 20 use the mail service
when the question il thus defined
its solution Is free from dinicuiiy since
by it's terms tho provision only regu-
latos second class mail and tho ex-
cluslon from the malls for which h
provides IL not an exclusion from the
malls generally but only from the
right 10 participate IN and enjoy the
privileges accorded by the second
classification"
The court declared further that tina
requirement that newspapers should
Disclose their true owners was ia lima
with the great public purpose which
induced congress- to continue IN favor
of the publishers OF newspapers AZ
vast public expense the low postal
rate as well az other privileges ac-
corded by the second class mail elias.
slncation."
To emphasize this the court quoted
from the report of tho commission
that the intent Of the legislation war
10 secure 20 the public IN 'iissemin.
alton OF knowledge Of current events
| by means OF newspapers. the names
not only Of the apparent. but the
names Of what might prove 90 be this
real and substantial owners. ~ tina
publications. and 10 enable the publ,
Go know whether matter which ~aa
published Was what V purported to b
or was Ia substance, paid adver-
tlsement.
speaking particularly of the clans,
I
ticics ~ advertising. Chief Justice
White said from the bench that chit
foquirement was cognnte with the
policy Of the government from IA
foundation 10 make the expenditure
Of vast Sums 10 AFFORD low mail ratei
40 newspapers bring soEe adequat'
returns 20 the public
"The reasons which cause us 4
think this 90 be- the case are these
~6aj Because the provision Is par
Of nostofnce appropriation act ans
naturally gives rise 70 the inference
that ID concerns tho general subjec
OF mails, there being an entire Ab
sence OF anythiNg. even aurmise
thai congress was Intentionally exert
ing power not deiegatcd a. Il ana con
eciouslN violating an express prohihi
tiOn of the constitution and for tina
reason clothed its exeftion nf powe
IN the disguise at postal legislation.
"(nl Because the text makes cina
the fact that the legislation WAS ~
clusiNely addressed 10 the regulatio
OF second class mail and was shapes
Va contemplation with the long esiah
lishod mw and regulations govcrnin
that. class. This result becomes as
parent whom " ls observed that th
provision makes Il the duty Of ih
publisher 10 enter his publication \
order 20 obtain tho henoii,s of IN
second -clnas classification.
INVESTIGATION on