The New York herald., 1921-06-07
BURLESONS RULING
NN.Y.CALL' UPHELD
Court of Appeals Justifies Ex-
clusion Of Newspaper From
Mail Privilege.
CALLED REVOLUTIONARY
Second Class Privilege Had
Been Restored on May 81
by Hays.
Special Despatch to THE NEW YORK HERALD
New York Herald Bureau,
WashinrtOn. d. c., June 6.


New York Herald Bureau,
Washington, d. c., June 8.
A decision favorable to the Govern
ment was handed down to-day by the
Court Of Appeals Of the District Of
Columbia in the case of Albert S.
Burleson, Postmaster-General, against
the Workingmen's Cooperative Pub
fishing Association, publishers Of the
New York Call.
The court holds that "Communistic
and Bolshevistic" matter appearing in
the Cau is In violation of Section 211
of the amended Criminal Code, which
is permanent legislation. being in force
in time Of peace as well as war, and
makes non-mailable any matter tend
ing to incite arson, murder or assassi-
nation"
The courts decision is interesting In
view Of the recent announcement of pol
Icy by Postmaster-G General Hays admit
ting to the second class mailing privilege
that IL publication was mailable at all
within the meaning Of the law 1t should
have the same privilege as any other
mailable matter, but that II it were non
mailable it should be excluded entirely
rather than merely penalized by having
to pay higher rate Of postage. Mr..
Burleson had not declared the Ldberotor
non-mailable, but had denied 1t the
lower second class rate.
Postmaster-Generai Hayss action re-
versing Mr.. Burleson in refusing second
class mailing privileges to the Call was
taken on May 81. when he restored the
privileges to the Call and to Victor Ber-
gers paper. the Milwaukee Leoder.
william II. Lamar. formerly solicitor
OF the Post Office Department, who
argued the New York CaH case on be-
half of the Government said tonight:
THE New York Cal is only one of
many newspapers and magazines which
constantly publish matter of this char
acter, all of which publications are at
fected by this decision according to the
particular set Of facts In each case. The
court sustains the action Of Postmaster
General Burleson. who refused to grant
the second class mailing privilege to the
New York CoH for the reason. among
other things. that it was daily publish
ing matter in violation of Section 211
OF the Criminal Code"
The court cites specimens of the "revo-
lutionary" matter published in the New
York Call, and says:
WAS matter contained in these arti-
cles and others of similar nature of
a ~ha ro ~ ar taodtcc - trc;+~ .-.~v ,~.,,-
der or assassination? Taken az a
whole. II is difficult to perceive what. OBJ
ject the publication sought to accomplish
unless 1t was the destruction Of society
by any means. including arson. murder
and assassination
THE revolution in Russia has resulted
ir wholesale arson. murder and as
sassination. the suppression of justice,
the plunder of the industrious by the
indolent and the overthrow Of the Laws
OF morality which had obtained since
the dawn OF civilization. Over and over
again in these articles sympathy was
expressed with the Russian revolution
and an appeal to the workers of all
other countries to bring about the same
condition. IL Is one thing to advocate
revolution, out quite another tnfn8 TO
advocate the substitution of anarchy
for government. the arming of one class
and the annihilation of all others.
I'VE have In our own country con-
crete illustration OF the result of such
revolutionary propa ganda in the recent
bomb outrage In New York city. result
ing In the death of many innocent per-
sons and an appalling destruction OF
property. When II IN kept In mind that
this publication constantly has sought
to Undue its readers with the idea that
IL IL their duty to overthrow the Gov
eminent. disregard all law and seize
for themselves the property and belong
ings OF others. irrespective Of means
and regardless of consequences. we must
find that there was substantial evidence
before the Postmaster-Generalj justify
ing his refusal 10 accord any postal priv
ilege to this polluted matter"