The Birmingham age-herald., 1913-06-11
MPTON MAKES
EMPHATIC DENIAL
Pr0hibitiOnists Will Not Re-
quest Conner and Seed to
Withdraw From Race

| quest b. B. Conner and Walter d. Seed
to withdraw from the race for COVER
nor, so they may center their forces
on one man. This was the declaration
of w. b. Crumpton president of the
Alabama Anti-Saloon league, today.
| DR. Crumpton was surprised to hear
that the report had been published.
when 1 heard of the report circu-
Hated I asked Brooks Lawrence about
it and he told me there was absolutely
nothing in It," said the Anti-Saloon
league leader. when have something
| to give out I will publish it without
any compunction."
Newspaper reports have been that
| Conner and Seed would be asked TO
withdraw so prohibitionists could sup
port another candidate.
|
in contemplation of the long estab-
llished law regulations governing that
| class This result become apparent
] when it is observed that the proVi-
sion makes 1t the duty of the puplisher
to enter his publication since by prac-
tice and regulation prevailing during
| a long period of time 1t had come TO
pass that the word ENTER had exclu-
sive relation to duty being per-
formed in order to obtain the Dene-
fits of the second class classification.
| No Other Conclusion
"In the absence therefore of some
express indication to the contrary no
other conclusion is possible than the
word was used with reference to its
recognized official and administrative
Significance Unless the settled signh-
canoe of the word be given, 1t would
have no meaning whatever"
Touching the second paragraph the
| court says.
'As the assailed provision when rightly
construed only affixes additional condi-
tions for admission to privileged class
| of mail and it was merely designed -
provide for the continuance OF compliance
with designated conditions of system
| under which vast sums OF puonc MONEY
| were expended, to the end that the power
and Influence of the press might be ex-
| banded it results that there was no
| foundation for the meaning attributed 10
the provision in question by the compialn-
ants and on which the grievaNces upon
which they relied rested.
I'VE come then to determine whether
| the proyisi~- IS thus construed. 1s valid.
That Congress in exerting its power con-
| corning the mails has the comprehensive
right to classify which it has eXerte1
from the beginning and therefore may eN
| ercise its discretion for the purpose OF
| furthering the public welfare as IL ufuer-
stands it, we thing is too clear FOR any
thing but statement; the exert1on OF 1fe
power of course, at all times ana unoer
all conditions being subject, to the ex-
nress or necessarily implied limitations
| of the constitution. From this, IL results
that it was, and is, in the power OF toh-
gress in the interest of the dssenliha-
ton of current intelligence to so legisiate
as to the mails. by CLASSIFICATION OF otiie
wise. as to favor the widespread eircuia-
tion of newspapers. periodicals, etc, even
although the legislation on that sub1ect,
when considered intrinsically, apparently
seriously discriminates against tnese
newspapers and periodicals, etc., ana their
publisher. -.
"rhe question. therefore. is only this
Iare the conditions which are exacted IN
cidental to the power exerted OF con-
ferring on the publishers of newspapers,
periodicals. etc, the privileges OF the sec
ond class classification or are they so
beyond the scope of the exercise OF tnat
power as to cause the conditions 10 De
repugnant to the constitution? we say
that this is the question, since necessary,
;f the mower exists to legislate by dis
eliminating in favor of publishers, tne
right to exercise that power, carries win
IT the authority to do those things winch
are incidental to the power itself, or which
are plainly necessary to make eifec1Ve
the principle authority when exertea.
|
for a long series of years pupilcatioh
nr;oar,,v devoted to advertisements was
NOT entitled to the benefit OF the second
! class classification and by ar long au-
ministrative construction. 'empooieu III
the regulations the disclosure OF the
names of the proprietors as Wen as Vi
Tho editors of publication which mas
so,,,bt TO he entered as second class mat
for was required. The new conditions I'M
nosed are. first that where there is mat
ter for publication paid for. the fact that
such payment shall be made marking the
matter as an advertisement ana. secono'
that the disclosure as to ownership e.c.,
| previously acted is enlarged. by making
| II necessary in the case or a corpora
tion to furnish the names, of the stock
| holders and also requiring that the names
of the principal creditors. ETC., be
| given.
Consider Character
| AS the right to consider the character
| of the publication as an advertising me-
dium was previously deemed to be incl
dental to the exercise of the power 10
classify for the purpose the second class
| mai, If is impossible in reason to per-
ceive why the new condition as to mark
| inc matter which is paid for as an ad-
vertisement is not equally incidental TO
the right to classify. And the addltlonal
exactions as to disclosure of stockholders,
/
! clearly incidental to the power to classify
as are the requirements as to disclosure
| of ownership, editors, etc, which FOR SO
many years formed the bases OF the right
| of admission to the classification.
considered intrinscally, no compieter
statement of the relation which the newly
exacted conditions bear to the great pub
lie purpose which induced Congress to
continue in favor of the publisher of
newspapers at vast public expense the
low postal rate as well as other PRIV.
leges accorded by the second class mail
classification can be made than was ex-
pressed in the report of the Senate com
mittee stating the intent of the legisla-
ton which we have already excepted,
| that is. to secure to the pubic IN the
dissemination of knowledge of current
events" by means OF newspapers. the
names not only of the apparent but of