The Washington herald., 1921-06-07
JUSTIFIES DENIAL
OFSECOND.CLASS
MAIL PRIVILEGES
Court Rules Socialist Pa.
per's Tendency Incited
Crime.

II In a decision which confers wide
authority on the postmaster gen.
eral. the, court of appeals of the
District of Columbia yesterday re-
versed the decree of the District
supreme court and upheld former
Postmaster General ,Burleson in his
denial of second-class mailing privi-
Ieges to the New York Call, a So
cialist newspaper.
The decision holds that Mr.. Bur-
Lesson was justified in refusing the
Call second class privileges under
the provisions of section 211 of the
criminal code forbidding the mails
to matter of a character tending
to incite arson, murder and assassi
nation" The court held that ar
ticles published in the Call had
such a tendency and hence, in ad-
dition to being ineligible to the
second class rate. was also nom
mailable.
Hays Declines Statement.
Postmaster General Hays, who
last week restored the Call and
other Socialist periodicals and
papers barred by Mr.. Burleson to
full mailing privileges, declared
last night he had not seen the
court decree and until he had would
make no statement. 1t is under
stood. however, that the decision
will have no bearing on the fein-
statement of the Call or the Mil
waulxee Leader. since their applica-
tions for reinstatement were made
long after the publication of the ar
ticles which occasioned the Burle-
son order. 1t is believed. however,
that the decision will be a factor
in the suit started by the Call seek
ing damages for the loss ii sus-
tained through the Burleson order.
1t will also strengthen the hand of
the postmaster general in any fu-
ture dealings with the press.
Postage Refund Ordered.
Postmaster General Hays in re-
instating the call to second-class
funded the difference between sec
ond and third-class postage. hold
ing that either the paper is mail
able or not mailable. and that il II
is mailable ID is entitled to the
second-class rate. This refund.
however, is only a fraction of the
loss said to have been borne by
the Call.
The mail privileges of the Call
were revoked in November, 1917,
after it had published certain arti-
cles and editorials terding, it was
alleged, TO obstruct the draft and
to hinder the government IN the
prosecutio nof the war. On jan
uary 9, 1919, a petition for REIN
statement was filed. The decision
barring the paper from second
class rates was based on Section
211 of the Criminal Code. which de-
clares non-mailable matter of a
character tending to incite arson,
murder and assassination" The
Call. however. was not barred from
the mails, but was denied second
class rates.
Attacks Papers, Motives.
During the war" says the de-
cision, which was written by Jus
tice Clarence H. Robb, 'the Call
waged a persistent campaign to
embarrass the government in it's
prosecution of the war and to i'm
bue the minds Of readers o: the
publication with the thought that
IL was class war, fought not for
democracy but for groups of capi-
talists. After the armistice, the er-
forts of the Call were directed
toward imbuing it's readers with a
sense of injury and prejudice not
only against the government. but
against organized society and
toward justifying t. those readers
the horrible nightmare of crime
that had been committed in Russia
and melting and encouraging like
crimes in the United States
Quotes from Call.
Excerpts from the Call are cited
in proof of this contention as fol-
lows: Labor day will never be
fifty celebrated until the workers
have taken possession of the world
Then can do this whenever they
choose"
We are class-conscious revolu-
tionists."
The Call also published in extra
heavy black-face type, the so-called
societ's bill of rights, advocating
the 'arming of laborers and peasants
and disarming of the propertied
CONTINUED ON PAGE EIGHT. !