The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-07-13
NEWSPAPER PUBLICITY
LAW VALID
So Declared in Decision by Lands
Highest Court-UpanimOus Opin-
ion Announced by Chief
Justice White.


acted in 1912 as a provision OF the
Postal Appropriation act, was upneld
today by unanimous decision OF the
supreme court of the United States.
Chief Justice White announced the
courts conclusions.
The law requires every newspaper
MAGAZINE or other publication to ME
seni-annually, With the postmaster
general and the local postmaster
sworn statement Of the names of the
editors, managers, owners, stockholo-
ers and bondholders, and in the case
of daily newspapers of the average
daily circulation. Publication OF these
statements is required, and for affll-
ure to comply with Nny Of the proVl-
sions the publication shall be denied
the privilege of the mail" A Sec
ond paragraph provides that paid for
editorial or reading matter of any
"such" publication shall be marked
advertisement" under penalty Of
fine or imprisonment.
Contention of PrOtestants.
About SO per cent of the newspa-
pers already have complied with the
law, many under protest. The Lewis
Publishing company and the Journal
of Commerce and Commercial Bulle-
tin. of New York, led the attack upon
the statute, bringing suits for injunc-
ton 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 Journalism"
and Ito enforce censorship of the
press.
In reply former Solicitor General
Bullnt 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 mag
azines.
Cour% cucfoinS Rn11iff
The supreme court today adopted
Mr.. Bullitt's Interpretation. The use
in the act of the word "entered," a
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 whole.
The use of the words privileges of
the MAIL" the chief justice took to
be a positive reference to the second
class Of mail because of the great
advantages newspapers were granted
under the second class over other
classes of mail, in order to promote
the dissemination of current intelli-
gence." He said congress did not
intend to exclude papers not comply
ing with the provisions from the use
of the mail, other than the second
class.
The second paragraph, it was ex-
planned, was but a part of the first,
as shown by the use of the word
SUCH an additional penalty being
prescribed for administrative reasons
only.
Discusses Right of Congress.
The legislative history of the provi-
sion, the CHEF justice declared, up
held the Interpretation of the words
given by the court. After interpret
ing the decision as imposing condi-
tions upon the use OF the second class
mail, the chief justice proceeded to
discuss why congress had the right
to impose such conditions.
A study of postal laws from colo
uial days to the present, he said, show
ed a persistent adhesion to policy
of discrimination in favor of newspa-
pers in the mails. He quoted Mr..
Bullitt as stating letter mail was sub
jected to charge of 80 times higher
than newspapers, and that letter mail
produced an annual profit of seventy
millions, while the newspaper class
entailed a seventy million dollar loss
on the government.
AS a further discrimination, he said,
individuals must pay higher rate
for mailing newspapers than the pub
fishers or news agencies.
rIS