Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-09-04
JUDGE SPEER RULES
AGAINST WATSON ON
SECOND-CLASS RATE
He Denies Injunction Sought
by Publisher in Effort to
Force Thomson Postmaster
to Accept JefferSOnian

SAVANNAH. Ga, Sept. 1.--Copies c
the opinion of Judge Emory Speer. c
the United States court OF the souther
district OF Georgia. in the effort OF tn
Jsffersonian Publishing company c
Thomson. Ga, have been received
Savannah. The decision, which was rer
dered al Lake Fairfield. y. c., denie
the Injunction sought by the Jeffel
sonian Publishing company 10 comp'
the postmaster at Thomson to accer
the Jeffersonian under the second-clas
mailing privileges Judge Speer's dt
cision. which is about $500 words
length. quotes frequently from the CO.
umns OF the Jeffersonian to show II
purpose is to obstruct the recruitin
or enlistment Of men in the service @
the United States. The decision in fu
follows:
FULL DECISION.
The bill before Nne court was
brought originally 10 enJoin the
postmaster al Thomson, Ga, from
Withdrawing the second-class mall
ing privileges Of The Jeffersonian."
The action complained OF had been
taken by the postmaster in obedi-
ence 10 an order of the Honorable
A B. BurIeson. as postmaster gener-
a..
Approaching the weighty effect OF
determination by the postmaster
general OF any material and relevant
questions Of fact arising In the ad-
unInistration OF the statutes OF con-
Sress relating TO his department.,
preliminary Injunction was with
held. A rule was, however. granted,
- - Cd A.
cause why the Injunction sought
should not be granted. At the hear
ing, Il became apparent that the
postmaster general mad forbidden
ssFhe Jefersonian'' OF the 18th inst.
ALI adnittance to the malls. This,
upon the ground that II was dis
ttnctIy unavailable. BY suitable
amendment the legality OF this COM
cIusion was chaneged- The court
being OF opinion that the plaintiff
was entitled TO specific information
not only OF those features Of The
Jerersonia" issued on the 18th inst,
held unavailable. but also those in
mast issues deemed so unavailable
as 10 induce the conclusion by the
attorney general that the publica-
lion was not a newspaper in the
meaning OF the law comforting the
xscond-class privilege, directed that
the respondent should 1ile speciica-
lions OF all such matter. This has
been accordingly done. and thus the
question Is presented. do the facts
and the determination OF the post
master general demand or justify a
court OF the United States in the
interference here sought. with an
administrative branch OF govern
ment?
In the zfndavit OF the postmaster
general. after the specification re-
quired by the court OF the passages
IA The Jeffersonian" held by him
TO be unavailable. there appears the
following statement:
"Deponent further says that in
his Judgment, in their entirely. the
ISSUES Cof The JeffersonianO evince
n purpose and intent on the part OF
the publisher to willfully make or
secnvey false reports or false state
rnents with intent TO interfere with
The operation and success of the
military or naval forces Of the
United States, TO .wiIlfully obstruct
the recruiting or enlistment serv-
Zee OF the United States TO the in
Jury OF the service. and
nat the circulation Of such matter
Is causing antagonism and resist
Mncs among the people TO the con-
duet Of the war With respect TO en-
Iistments. execution OF the draft
and the sale Of bonds 10 raise reve-
nue. TO carry on the war"
The postmaster general further
states under the sanction Of his
oath that he Is advised and believes
that there Is an organized propa-
ganda which has inflamed a large
body OF people TO such az extent
that IL constitutes in effect the ad-
vocacy OF treason. instruction and
forcibls resistance to the laws OF
the United States. Upon such in
formation, he states that this has
been actually threatened, and tina
prominent among the publications
thus engaged is the Jeffersonian;
that the matter IL produces TO this
end in contemplation OF the espion-
age act, is non-mailable. After due
and thorough consideration, depo-
nent so decided. but prior to his
ruling that the issue of June IS,
1917, was non-mailable, the paper
was submitted 20 the attorney gen.
eral Of the United States. and de-
ponent was advised by the attorney
general that the paper was in vio-
lation OF section , Of title 1 OF the
espionage act
For TIE same reason and because
2. contained matter Of the same
non-mailable description. the post
master general. after examination.
caused the postmaster at Thomson
20 be advised that the issue OF Au-
gust is was also unavailable Thus
II win be seen that the court is ad-
vised of the concurretn opinion OF
two members Of the cabinet. the
chief of the pOstoffice department
and the chief of the law depart
ment OF the government, in justifi-
cation Of the action Of which plain
tiff complains
The supreme measure OF legisla-
ton enacted by congress for the
successful prosecution OF the great
~Sr in which the country is en-
gagged. termed the espionage act in
title /, section 5. declares that
Whoever. when the United States
is at war. shall willfuIly make or
convey false reports or false
statements with intent 10 interfere
with the operation or success of the
military or naval forces Of the
United States. or to promote the sue
cess of its enemies; and whoever.
when the United States is at war,
shall willfully cause or attempt TO
cause INSTRUMENTATION. dislOyalty,
mutiny or refusal OF duty In the
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