Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1920-01-17
SATURDAY. ...,JANUARY II, 1920.
BURLESON AND THE CALL.

Even the conservative press has
been unable to stomach the sweep
ing claim Of arbitrary and unrevicw
able power of censorship which Mr..
Burlcson has made IN his answer to
the New York Calls mandamus pro.
cecdings. Such publications as the
New York Evening Post, the World
the Globe and even the Review have
roundly condemned the Postmaster
General. 1t is not too much to say
that if such Il power exists, and Is
permitted to continue, there is hard
ly Il publication in the country which
Is safe.
The case Of the New York Call is
an instructive one, for it shows how
an autocratic and INSCRIPTIONS ad
ministrator acting under the barest
shadow OF legal right can successful
ly eNcrc sc powers which Congress
has repeatedly and cmphatically de-
MED him.
The Call is daily paper published
III New York on n cooperative nom
profit making basis and is the official
organ Of the Socialist Party Of New
York n party which ut the last cleo
ton pollcd over 100000 votes. It
threw its Influence against the parti
cipation Of the United States in the
war, and published repeated and vio-
lent attacks upon the motives and pol
icies Of the Administration, and of
the Allied governments, taking the
position that tho war was q capital--
lists war, and that political opposition
TO the war was to the best interests
or the working class. 1t did not how
over, advocate violation Of law, or
resistance to lawful authority. From
time to time the Postmaster General
declared particular issues Of the Call
non-mai!ablo under the Espionage
Law, anu refused to transmit them
to their subscribers.
If Mr.. Burlcson had contented him
self with excluding particular issues
Of tho Call from the mails for speci
fic and valid reasons, he would not
have laid himself open to serious
criticism. Congress had expressly Civ
en- him this power and it was a nee
essary one, although open to serious
ABUSE In the hands Of n Burleson. But
the Postmaster General did not rest
there.
The postal laws require the POST
master General to grant second class
mailing privileges to every news nan
or or criodical publication issued at
stated intervals, for the disseminate
ion Of public information and hay
ing legitimate list of subscribers so
long as it Is not designed primarily
Tor advertising purposes. There is
nothing in the postal laws which ALL
thorizes him to refuse or revoke the
second class privileges Of any newspa
per because OF its editorial opinions.
or because 1t prints "seditious" or rad
1oal reading matter. If a newspap-
or violates any law, its editors can
DO indicted tried by jury, and fined
or sentenced to prison. If any parti-
GUAR issue OF the paper contains mat
Ter IN violation Of law, that ISSUE can
DC held up and refused passage thru
the mail, whether first class, second
CLASS or third class. But a publicat-
ION can be permanently refused sec
ohd class privileges only on the
ground that 1t is not a "newspaper"
us oellned in the postal laws.
iheso restrictions, carefully drawn
ny Congress around the postal censor
snip have not troubled Mr.. Burleson
IN the least. For more than two years
TIC mas excluded the New York Cal
from the second class mails, and he
Ss'll moro than year after the armis
tlce' persists in his course He has
oone so OH the amazing ground that
the Call, because 1t has in hi. opinion
violated the Espionage Law. ia NOT
newspaper at all. And this decis--
1oh' that the Call Is not n "newspap
err he no wclaims to be unreviewable
ny any court Of the United States. The
result Is that the Call, however law
apidlng It's policy may be in the flu
ture is excluded by administrative
nat from the second class mails, for
alleged violations Of law for which it
mas never been indicted and OF
when 1t has never been convicted by
jury. III the Call violated the Espion
age Law, why are not it's editors in
dicted, tried and sent to prison? Il
II because the government fears to put
its case before an impartial jury of
twelve citizens, and prefers to obtain
conviction from an arbitrary ana
partisan political appointee? If the
Call is non-mailablc why is it not
excluded from the mails completely,
instead OF being permitted to circu-
late by paying first class postage? Is
1t not because Mr.. Burleson wishes
to avoid the safeguards which Con-
gress has drawn around the power
or exclusion and prefers to act under
usurped power which Congress re-.
fused to grant, and around which
there are therefore. no safeguards?
The preposterous claim Of the Post
mater General that the New York Call