Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1921-06-17
Court UphoIds Postmaster GeneraI
BnrIeson.


case Of Albert S. BurIeson. Postmaster
General. against Workinemen's Coopera-
tive Publishing Association. publishers Of
The New York Daily Call William H.
Lamar, formerly solicitor for the POstofice
Department. who argued the case on be-
half Of the Government, after reading the
opinion Of the Court said:
This is one Of the most important opin-
ions from any Court on the question OF
the power of the Postmaster General over
the United States mails in cases where
Congress has by law fixed the public policy
with respect 10 the non-mailability OF
various classes Of matter.
The Supreme Court in its recent decis-
ion in the Milwaukee Leader case decided
that under the Espionage Act the Postofice
Department could exclude from the mails
any particular piece Of non-mailabie mat
ter and that the Postmaster General also
had the power TO withdraw or withhold
the second class mailing privilege from
any periodical publication which habitu-
ally published such matter.
In the New York Call case the Court Of
Appeals Of the District Of Columbia now
holds that Communistic and Bolshevistic
matter which daily appears in that publ
cation is in violation Of Section 2ll OF the
Criminal Code as amended. This is per-
manent legislation and is in force in time
Of peace as well as in time OF war, and
makes non-mailable any matter tending
TO incite arson. murder or assassination.
The New York Call is only one Of many
newspapers and magazines which con-
stantly publish matter Of this character.
all Of which are affected by this decision
according TO the particular set Of facts in
each case. The Court sustains the action
OF Postmaster General Burleson in refusing
to grant the second class mailing privilege
to the New YORK Call for the reason. among
other things. that it was daily publishing
matter in violation Of Section 2ll Of the
Criminal Code
The Court cites specimens Of the revo-
Iutionary matter published in the New
York Call and concludes as follows:
was matter contained in these articles
and others Of similar nature of char
acter tending to incite arson. murder or
assassination Taken as a whole il is
difficult to perceive what object the pub
LEGATION sought to accomplish unless it was
the destruction Of society by any means in
Guiding arson. murder and assassination
The revolution in Russia had resulted in
wholesale arson. murder and assassina-
ton. the suppression Of justice. the plumber
Of the industrious by the INDECENT and the
overthrow Of the laws Of morality which
had obtained since the dawn Of civiliZa-
ton. Over and over again in these arti-
cles sympathy was expressed with the
Russian revolution and an appeal to the
workers Of all other countries 10 bring
about the same conditions. IL Is one thing
to advocate revolution. but quite another
thing to advocate the substitution Of an
archy for government. the armins Of one
class and the plumber and annihilation Of
all others. We have in our own country
concrete illustration Of the result OF such
revolutionary propaganda in the recent
bomb outrage in New York City. resulting
in the death Of many innocent persons
and an appalling destruction Of property.
When it is kept in mind that this publica-
ton constantly has sought to Undue its
readers with the idea that il Is their duty to
overthrow the Government. disregard all
law and seize for themselves the property
and belongings Of others. irrespective Of
means and regardless Of consequences. we
must find that there was substantial evil
dence before the Postmaster General justi-
flying his refusal to accord any postal privi-
leges to this polluted matter.
"As found by the Supreme Court Of the
United States in the Milwaukee Social
Democrat case. to which reference has
been made. this does not constitute cen
sorship Of the press. but merely evidences
the unwillineness OF the Government to
lend its aid to those who would destroy il
acter tending to incite arson. murder and
assassination
"A number of bills have been introduced
10 Congress generally known as Anti-Sedi-
ton bills. the object being the suppression
Of this class Of matter and criminal prose
cution of those who engage in its circula-
ton. Section 2li Of the Criminal Code is
In itself a criminal as well as a non.
mailable statute. This decision will prob
ably have the effect Of meeting to large
extent the demand for such additional
legislation as it points the way by which
such dangerous agitation can be controlled
at any time.
The decision in the New York Call case
in effect. disposes Of the damage suit for
100000 brought by the publishers Of
that newspaper against former Postmaster
General Burleson and is practically the last
Of large number Of law and equity cases
brought in the courts throughout the coun-
try during the last eight years against
Postmaster General Burleson. all Of which
have been finally decided in his favor. 10
these court proceedings his powers have
been questioned; to issue fraud orders; to
cancel screen wagon contracts and substi-
tute Government auto truck service to take
over telegraph and cable properties; to
fix rates for service for the telegraph and
telephone systems during Government con-
troll and to issue various orders in rela :
ton to other postal activities. in all Of
which cases he was fought bitterly in the
courts and in the newspapers. In each Of
these classes Of cases he had to encounter
certain hostility due largely to lack Of pub
lie information as to the nature Of the
problems he was endeavorine to solve in