The Washington herald., 1921-05-26
HAYS ORDERS END
TO MAIL CONTROL
FOR NEWSPAPERS
Restores Socialist Jour.
nal to Second Class
Postal Privileges.

In a ruling of far reaching i'm
portance Postmaster General Hays
abolished yesterday the Burleson
censorship of the press which was
in force the last three years Of the
Wilson administration.
, Censorship of the press Is not
a, function of the postoffice de-
partment and such censorship in the
last three years was Illegal" said
the postmaster general in announc-
ing his decision to admit the Liber-
ator, a radical publication, to the
second class mailing privilege.
In restoring full freedom of the
press Mr.. Hays ruled that II
periodical of public character is
titled to the second class rate, but
IL II is not mailable II should be
excluded from the mails entirely
and IL it is reasonable its pro-
prietors should be prosecuted.
Postal Refund Due.
Burleson held the Liberator mail
able but never gave II the second
class privilege. compelling its cir
culation by third class mail As the
third class is five times the second
class rate the government will be
required to refund Sl1,277 to the
Liberator, as an excess charge
Illegally imposed.
The second class privilege will
be accorded the New York Call and
Berger's Milwaukee Leader IL the
postoffice department pronounces
these socialist publications mailable
at all. as they have been held.
though penalized as to rates by the
Burleson regime.
On the other hand numerous pub
lications will be excluded from the
mails altogether II pronounced non-
mailable and their publishers pro-
secuted IL they are found involved
in a conspiracy to overthrow the
government by force.
Provision Of Law.
The law accords the second class
mailing privilege to publications
disseminating information "of a
public character" sut gives no au-
thority 70 deny the second class
rate because the publication is not
deemed Of public benefit.
Much of the news in any daily
might be barred IL public benefit
were essential" said Mr.. Hays. TT
is easy to decide what is and what
Is not Information of public
character The arbitrary power to
decide what is and what is not a
public benefit was never intended
to be lodged in the postmaster gen.
ersl. 1t shall not be assumed.
The postoffice department holds
no brief for the Liberator or any
other publication. II there is on
foot conspiracy to destroy our es-
tablished form of government by
force and violence. claimed by the
department heretofore as a reason
for not granting this permit; and
IL this publication is involved in IL,
then the department of justice will
deal promptly and effectively with
the conspirators in the manner pre-
scribed by law. The department of
Justice as now organized can be de-
pended upon absolutely to do that.
Return to Freedom.
"The war lis over. We must re-
turn to the ordered freedom. Our
method of safeguarding the public
welfare, while. at the same time
maintaining freedom of the press,
has been found. through a long
period of stable civil liberty better
for the public welfare and personal
security of citizens than, to estab-,
iish bureaucratic censorship which
In its nature becomes a matter of
opinion. prejudice or
caprice. There Is certain cost in.
free institutions In which the in
stitution of freedom of the press
shares. but we in this country have
preferred to pay such costs from
time to time rather than to seek
protection through the historical
discredited devices of bureaucratic
governments.
Either these publications should
be entirely suppressed and their
publishers prosecuted or they should
be given equal mailing rights in
common with the other periodicals
NJ tha rounfrys -s lF-fs