The menace. [volume] (Aurora, Mo.) 1911-1920, 1915-01-16

NhNA AAIfN years. uttu hNA uf lulN
what particular person" or
particular publication" he had
in mind when he made that state.
ment.
After the discussion OF the
press muzzle amendment was we'll
under way, Congressman J. H.
Moore, Of Pennsylvania, took a
hand and the following dialogue
between he and Fitzgerald is re-
corded in the Congressional
Record:
MR. MOORE. How far would this
proposed amendment extend with re.
spcct 20 magazines which present certain
theories Of government, and certain
newspapers which print articles which
are unquesiionRbly Scurrilous and per
haps libelousi
Mr.. FITZGERALD. Mr.. Chairman,
Il would affect every publication which
came within its definition. 1 have an
interesting document
MR. MOORE. The theory is that
Il would cover all newspapers aud mAga.
zines indulging the practices referred tot
Mr.. FITZGERALD. IL would cover
every publicai ion which came within its
terms. In 1905 President Roosevelt
Transmitted 20 the House by message an
opinion Of the then Attorney General Of
the United States relative TO the e1elu.
sion from the mails OF a publication is
sued in Paterson, n. J. The publication
was an anarchistic publication that hd-
yocated murder, riot, and arson, and the
killing Of police officers, the seiEiug Of
/ armorics, and the dynamiting Of the
armories II any difficulty were encoun.
tered in a proposed attempt 10 seize
them. The President had addressed n
communication 20 the Attorney General
in which he said that by his direction
the particular publication had been eI.
cluded from the mails aud would not be
admitted 90 the mails unless by order
of court or unless the Attorney General
advised him that Il must be admitted.
/ Tie submitted certain questions 10 the
[ Attorney General, upon which he re-
/ quested his opinion. / shall not under
/ take 10 rccite the conclusions Of the At.
torney General; they are set forth fully
in the opinion. shall read, however,
the last paragraph, which Is as follows:
"Uhils. therefore, IN the absence Of
any eTPress provision Of lac or bAdiHg
adjudication on this precise poini, the
question IS ceridinly one Of doubt and
difficulty. ddriSe you that, IN my OpiH.
/ ion, the Postmaster General Uil be Jus
tined iR excluding from the mails any
issue Of any periodical, Othcruise en-
| titled 20 the privileges Of second class
mail matter, phich shall contain any az
iiclc constituting Soditious libel and
encouraging such crimes as murder, ar.
son, riot, ana treason"
Mr.. Chairman, there should not be un.
certainty about the law. The use Of the
mails is a privilege, not a right Who
ever uses the mails should he able 10
ascertain definitely what the law pro.
iibits from being transmitted and what
may lawfully be sent through the mail.
| II a question is raised with the Post
/ Office Department as 20 the character Of
la publication that can or can not be
/ transmitted through the mails, the law
should not be 80 uncertain or indefinite
rs 10 permit a legitimate controversy a.
TO whether in the admission or exclusion
of n publication there had been any
abuse Of authority. The Postmaster
General is advised that there does not
seem 10 be any law at present which
covers obscene, indecent, defamatory,
and scurrilous matter, unless the matter
/ be Of such character a. 20 incite the
imagination and lead to the doing OF
obscene acts. IL is quite apparent, how
ever, that there is a much larger class
Of material which should be excluded
from the mails.
j / realize, as all who have ever given
any attention 10 the question, that the
isolated or sporadic case can not bc
reached. No attempt is made 10 10 so
But there are conditions that require nc
elaborate investigation nor extended
discussion to convince decent men
should not be permitted. Such conditions
are covered by the pending amendmeH,
Let il be established 10 the satisfaction
Of the Postmaster General that a person
is engaged or represents himself as en-
gagged in the business Of circulating pub
ications or other matters Of the character
\ described in the amendment, and use.
the mails 10 further such business, who
shall saw that the mails shall be usej
for 30 foul n purpOsei No one need
fear that the proposed amendment is
over drastic OF unreasonable. IL is al
most identical with section 1913 Of the
Canadian Postal Guide for 1913. Their,
IS just as much Jealousy Of the freedom
Of the press IN Canada as here, but the
freedom Of the press 50 essential to a
free people should never be confounded
Fith an indecent license, nor under tho
plea Of such freedom should it be per
mitted to debaneh our nails by admit