Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-06-12
United States Supreme Court
Unanimous in Denying Pro-
test of Newspapers.
IT DOES NOT CENSOR PRESS
Statements Demanded Are Only
Legitimate Conditions I'M
posed on SecOnd-Class
Mail Matter.

WASHINGTON, June 1o.--The valid
ity of the newspaper publicity law"
enacted in 1912. as a provision OF the
postal appropriation act, was upheld
to-day 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
puhlicatio TO file semi-annually with
the postmaster general and the local
postmasters 81 sworn statement of the
names Of the editors managers, own
ers, stockholders and bondhol1ers, and,
in the case of daily newspapers, of
the average daily circulation. Publ
cation of these statements Is required
and for failure to comply with any of
the provisions the publication shall
be denied the privileges of the mail
A second paragraph provides that
paid for editorials or reading matter
Of any such publication shall be mark
ed advertisement under penalty Of
a fine or Imprisonment.
About IS 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 Bulletin
Of New York led the attack upon the
statute, bringing suits for Injunction
in the federal district court of south
ern New York and. when the law was
upheld there. appealing to the highest
court They claimed that the law
sought to regulate journalism and to
enforce 81 Censorship Of the press"
In reply former Solcitor-General Bull
lit contended that, notwithstanding d.
vision of the provision into two typo
graphical paragraphs by the Senate after
the measure was passed by the House,
the law was only one paragraph, i'm
posing conditions in both upon the use
of the low second-class mail rates &C
corded newspapers and magazines.
CONCURS WITH BULLITT.
The Supreme Court to-day adopted Mr.
Bullitt's interpretations The use in the
act of the word entered" a technical
word employed only as to secondclass
mail matter. showed. Chief Justice White
|
had in mind only the second-class mai
and not the right to use the mail rs 3
whole. The use of the words ''privi
eges of the mail" the chief justice tool
to be positive reference 70 the second
| class of mail because Of the great ad
| vantagcs newspapers were granted unde'
| the second-cass over other classes of mai
| in order to promote the dissemination o
| current Intelligence" He said Congress
did not intend to exclude papers not com
plying with the provisions from the us
of the mail. other than the second-class
The second paragraph, It was explain
ed, was hut part OF the first, as show,
by the word SUCH an additional pen
atty being prescribed for administrator
reasons only.
| The legislative history Of the prov
sion. the chief justice declared, uphel
the Interpretation of the words given b
the court.
After interpreting the provision as in
posing conditions upon the use of II
second class mail the chief Justice pro
ceeded to discuss why Congress had u
right to impose such conditions.
A study of postal laws from colonii
days to the present. he said, showed
persistent adhesion to a policy of d
examination in favor of the newspape
in the mails He quoted Mr. Bullitt
stating letter mail was subjected TO
charge 50 times higher than newspape,
and that letter mail produced an annu
profit of seventy millions. while II
newspaper class entaied a seventy mi
; lion dollars annual loss upon the go
, eminent.
AS further discrimination, he said, II
q Idividuals must pay higher rate Il
, mailing newspapers than the publishe
or news agents
CONGRESS WITHIN RIGHTS.
t In return for this discrimination Il
4 chief Justice declared Congress had q
o right to fix the standard to be met
q those who wished to enjoy the privilege
AS far back as 1887, rules were promu
= gated for those who desired to enjoy Il
n privilege of the cheap rates.
He suggested that the court could n
hiring its mind 10 the conclusion tn
tho newspaper attorneys were assaillng
classification of mails with certain CO
: dirions attached to some classes. as an /
> reference with the freedom OF the pres
a when for a long series of years legisl
h ton had specially favored the press
its pecuniary benefit by ella ssiflcatlon.
= The conclusion reached was that Il
I conditions exacted were Identical to Il
= provisions conferred upon the newspape
= and were not arbitrary.