The Birmingham age-herald., 1913-06-11
PUBLICITY LAW IS
HELD TO Be VALID
! BY SUPREME COURT
Law Requires Sworn State
ment of Daily Circula-
tion Of Publications
MUST GIVE NAMES
OF EDITORS, ETC.
Nearly 88 Per Cent of Newspapers
Already Comply With the Law.
Claim Law Seeks to "Regu-
late Journalism

late Journalism
washington, June 10-The validity of the
newspaper publicity law, enacted in 1912
as provision of the postal appropriation
act, was upheld today by unanimous de-
clsion of the supreme court of the United
States court. Chief Justice White an
nounced the courts conclusions.
This law requires every newspaper,
magazine or other publication to file semi
annually with the Postmaster General and
the local postmaster sworn statements of
the names of the editors, managers, own
ers, stockholders and bondholders, and in
the case of daily newspapers of the aver
age daily circulation. Publication of these
statements is required, and for failure to
comply with any of the provisions the
publication shall be denied the privileges
of the MALL A second paragraph pro-
vides that paid for editorial or reading
matter of any such publication shall be
marked advertisement under penalty of
a fine or Imprisonment"
Many Enter Protest
About IS per cent of the newspapers al
under protest. The Lewis Publishing COM
pany 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
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 to enforce
a censorship of the press.
In reply Former Solicitor General Bulitt
contended that, notwithstanding a division
of the provision into two typographical
paragraphs by the Senate, after the meas
ure was passed by the House, the law was
only on paragraph, imposing conditions
upon the use of low second class mail
rates accorded newspapers and magazines.
The supreme court today adopted Mr..
Bul1itt'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 Congress in passing the law had
in mind only the second class mail, and
not the right to use the mail as a whole.
"a L OSltlNC ANCACI CiiNC
The use of the words privileges of the
mall" 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 Sec
ond class over other classes of mail in
order to promote the dissemination of
current intelligence" He said Congress
did not intend to exclude papers not COM
plying with the provisions from the use
of the mail other than the second class.
The second paragraph, it was explained,
was but part of the first, as shown by
the use of the word "such, an additional
penalty being prescribed for administra-
tive reasons only.
The legislative history of the provision,
the chief justice declared, upheld the in
depreciation of the words given by the
court.
After interpreting the provisionssas
imposing conditions upon the use OF
the second class mail, the chief JUS
tice proceeded to discuss why Con-
gress had the right to impose such
conditions.
Favor of Newspapers
A study of postal laws from colonial
days to the present, he said, showed a
persistent adhesion to a policy OF dis
elimination in favor of newspapers in
the mails. He quoted Mr. Built as
stating letter mail was subjected to a
charge 80 times higher than news
papers and that letter mail produced
an annual profit of $70,000,00O, while
the newspaper class entailed $780,
000, 900 annual loss on the government
AS a further discrimination. he said
individuals must pay higher rate for
mailing newspapers than the publishers
or news agents
In return for this discrimination the
chief Justice declared Congress had the
right to fix the standard to be met
by those who wished to enjoy the priv
iliges AS far back as 1887 rules were
promulgated for those who desired to
enjoy the privileges of the cheap rates
He suggested that the court could
not bring it's mind to the conclusion
that the newspaper attorneys were as
sailing a classification of mails with
certain conditions attached to some
classes as an interference with the free
dom of the press, when for a long Sc
ries of years, legislation had specially
favored the press to its pecuniary ben
eft by classification. The conclusion
reached was that the conditions ex-
acted were Incidental to the privileges
conferred upon the newspapers anc
were not arbitrary.
Sums Up Contentious
n AIlGr cltlng SectlOn OF the post
office appropriation act OF August "a
1912, Chief Justice White summed ur
the contentious of the publishers, who
attacked the constitutionality of ths
law as follows:
a. The constitution has not eithe,
under the post roads clause or else.
where delegated to. the federal gov.
ernment the power t1) to compel these
disclosures, and t2) to direct their
publication, or CD to comped paid read.
ing matter to be marked as an ad.
vertisement.
20. The constitution not only failed
to give such power but it expressl,
forbade it by the first amendment. pro.
'hibiting any law abridging the free
dom of the press
"3. The requirement that a free clas,
of newspapers shall disclose to the pub.
lie by publication the most intirAa4t
details of their business, and use thei,
own capital, labor facilities and valua.
BILE space for such disclosure, is.a tax.
ing OF liberty and property withou,
due process of law, and a like takin.
of valuable property rights for an as
sumed public use without just colnpen
sation."
On the other hand. putting asid,
Il