The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1919-12-26
MUZZLING OF PRESS
BY STERLING BILL
FEAR OF BORAH
CONTINUED FROM PAGE ONE.

Lb MN IAib oNE
10 the authority thereof by force or
violence or by physical injury to per-
son or property or by force or vio-
lence to prevent. hinder, or delay or
attempt TO prevent. hinder or delay
the execution of any law of the Unit
ed States"
Senator Sterling holds that this
reaches only to the person who re-
sorts to force or violence in doing
any of the things mentioned in the
bill
Other Senators have construed the
language of the bill more broadly.
however. and contend it might apply
to any person who advocated the
turning oct of a Democrat 'adminis-
tration and the substitution Of a Re-
publican administration. They have
also expressed some doubts as to how
far the provision against advocating
a change in the Constitution -
United States might be held to apply
what Borah CritIcIses.
Senator Borah's objections are di-.
rected principally TO section OF
the bill. which is as follows:
That every document. book. circu-
lar. paper. journal or other written
or printed communication in or by
which there is advocated or advised
the overthrow by force or violence
or by physical injury to person or
property of the government OF the
United States or of all government.
or in or by which there Is advocated
or advised the use OF force or vio-
lence or physical INJURY TO or tho
seizure or destruction OF persons or
nTfx 81
complishment of economic. Industrial
or political changes. is hereby de-
clared to be nonmailable and the
same shall not be conveyed in the
mails or delivered from any post
Office or by any letter carrier:
Provided. that nothing in this act
shall be so construed as to author
ize any person other than an en-
ploye of tn" Dead Letter Office. duly
authorized thereto. or other person
upon a search warrant authorized by
law to open any letter not addressed
TO himself"
Too Much Power Delegated.
Senator Borah believes this section
places entirely too much power in the
hands of the Postmaster General. He
declared it exceeds the authority given
the Postmaster General in time OF
war. and said there are not sufficient
guarantees in the bill that the powers
will not be exercised unjustly.
He intends to offer an amendment
to section , to provide for hearings
before a Federal or State court when
ever the point is raised that the en-
try of a publication should be pro-
hibited.
This section in the bill would give
the Postmaster General an absolute
censorship over all the papers and
publications of the country" Borah
said. He could. IL he felt so dis
posed. order a paper from the mails
which advocated a change from one
party to another. There would be
no redress to the publisher so penal
lied. and the barring of the paper
from the mail would mean the de-
struction of the paper. for if there is
no circulation there would be no ad-
Vertising and without advertising no
paper could live.
My amendment will provide for a
hearing before a court OF every person
against whom an accusation by the
Postmaster General for the circulation
of supposedly seditious literature is
brought
Palmer Measure PIReonhoIed.
Attorney General Palmer prepared
bill on the subject. which was in
PRODUCED at his request by Senator
Nelson. chairman of the judiciary
Committee. This bill is even more
drastic than the Sterling bill. but it
has never been considered by the COM
mittee. The Sterling bill came from
the committee with a faVora HE TO-
port.
Senator Mcclellan. of Tennessee. has
proposed an amendment to the SterI-
ing bill to provide that any person
who 'disbelieves in or is opposed
to all organized government" or who
is affiliated with any organization
which teaches opposition to all gov
eminent. shall be deemed guilty of a
felony.
This amendment and the Palmer
bill have been CONTEMPORARY referred
to by some Senators as the witch
craft bills"