The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1913-06-12
NEWSPAPERS LOSE
PUBLICITY FIGHT

A Washington dispatch announces
that the validity of the "newspaper
publicity law, enacted in 1919 .s
provision of the postal approximation
act was upheld Tuesday by the unan.
imous decision of the Supreme Court
of the United States. Chief Jnstieo
"hlte announced the courts conclus.
ions.
Inc 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
editors, managers, owners, stockboId.
ers and bondholders, and in the ease
of daily newspapers OF the average
daily circulation. Publication of these
statements is required and for failure
70 comply with any of the provisions
the publication shall be denied the
privileges of the mail.o
Paid Matter Must Be Marked.
A second paragraph provides that
paid-for editorial or reading matter
Of any "sueh" publication shall be
marked advertisement, under pen
atty Of fine or Imprisonment.
About So per cent of the newspapers
already have complied with the law.
many under protest The Lewis Pub
fishing 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 censorship of the
press.v
In reply, former Solicitor General
Bullitt contended that, notwithstand-
ing division of the provision into
two Typographical paragraphs by the
senate after the measure was passed
by the house, the law was only one
imposing conditions in both
upon the use of the low second class
mail rates accorded newspapers and
AS TO Second Glass Rates.
The Supreme Court adopted Bull
litt's Interpretation. The use in the
act of the word "enacted.'' a tech
nieal word employed only as to second
class matter, showed. Chief Justice
White held, that congress in passing
the law, had in mind only the second
class mail as whole. The use of
the words "privilege of the mail -
chief Justice took to be a positive ref
erence to the seeond-elass of mail be-
cause of the great advantages news
papers were granted under the second
class over other classes of mail in
order to promote the dissemination
Df current intelligence.
He said congress did not intend to
exclude papers not complying with
the provisions from the use of the
nail other than the second-class.
Ownership of Newspapers.
The court declared further that the
that newspapers should
disclose their true owners was in line
With the "great public purpose which
induced congress to continue in favor
IF the publishers of newspapers, at
7ast public expense, the low postal
ate as well as other privileges ac-
.orded by the seeond-class mail class
fcation. To emphasize this, the
-ourt quoted from the report Of the
committee stating that the intent of
he legislature was "to secure to the
public in the dissemination of knowl-
,dge of current events by means #
newspapers, the names not only of the
apparent, but of what might prove to
,e the real and substantial owenrs of
he publications. and to enable the
,ublic to know whether matter which
vas published was what it purported
o be, or was, in substance, "pai''
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