Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-12-13
COLLAPSE Of COURT
SECRECY CONTROL IS
SEEN IN TAX TEST
BY DAVID LAWRENCE
Especial Leased Wire to The Journal-copy-

= NNNNSNN
right, 1920
WASHINGTON, Dec. 11.-Deci-
sion against the department of JUS
tice and in favor of TIE Kansas City
JournaIPost and New York Herald
Tribune, two newspapers which
they published income tax pay
ments, means the probable collapse
of the whole effort to secure secrecy
by court decision and transfer the
problem back to congress.
For several days leaders in the
house and senate have been lodging
the issue of publicity on tax pay
ments by saying they preferred to
await the outcome of the cases
pending in the courts. Enough has
been indicated by the courts to show
that the latter will not pull the gov
ernment's chestnuts out of the fire.
once upon a time a constitutional
amendment was adopted which for
babe congress to make any law
abridging the freedom of the press
cases brought to test the validity OF
laws nassed which seemed to inhlblt
the press, the supreme court OF the
United States has usually taken the
position that about the only things
that can be prohibited from publlca-
ton are those which interfere with
the public welfare, such as the
printing of obscene literature and
n
eminent, though the latter as a rule
embraced wartime activities. Al
most never has there been any
thought that newspapers printing
the facts taken from government
documents were violating any posi-
HE law. 1t has been assumed that
thew we're performing their duty not
only in disclosing the details or a
law. hut in criticizing its methods
of operation.
The only limitation on the press Is
libel-namely, the printing OF I'M
true statements which may be dam
AGING to an individual. The news
papers have published records taken
from congressional proceedings
which unuuestionaby damaged lndl-
v;duals, but no prosecutions ever
have been undertaken by the gov
eminent to redress wrongs or tnat
sort.
Damage to individuals
So the government in the present
instance is compelled on the one
hand TO consider whether any dam
age has been done to individuals by
the publication of income tax re-
q
damage has been done the depart
ment of justice must prove that it
was not done through the distrlbu-
ton of the same information TO
those who were by law given access
to the records. The department. or
Justice cannot argue that publlca'
ton has done damage, therefore, but
simply that the law forbade publ
cation except in d certain Way.Dy
individual application to the offices
of the collectors of internal revenue.
Newspapers were well advised by
counsel before they published the ln=
come tax data that they had right
to do so under the constitution and
that if the law forbidding publica.
ton was to be applied to the press
it was unconstitutional
The Kansas City case was won by
the JournalPost by contending that
IT'S constitutional rights permitted 1t
to publish information lawfully ac-
CURED. The Post is owned by Wal
ter S. Dickey, a prominent Re-
publican, and one of the most ardent
supporters the Coolidge administra-
ton has, A man who from time to
time has been mentioned for a pos
sible cabinet portfolio. The rela.
he H.
Tribune and the administration are
also close. So the government can
not be accused of persecution in Sc
Letting defendants but the wonder
is growing in Washington and else
where that the department of justice
ever began in view of it's defeat.
Delaying Action
In congress it would appear that
the court procedure was determined
upon as a means of delaying action
until it can be determined whether
the country wants income tax pay
ments revealed or suppressed. Senti
ment for and against is not confined
to party lines. The treasury depart
ment considers the provision obnoX-
ious and wants it repealed. Presi-
dent Coolidge will sign q repeal
measure if put up to him.
Why then are the leaders waiting
on court opinion? They hope that
the whole question of the relation
ship between an income tax return
and publication may be settled once
and for all. If the country takes the
position that congress cannot forbid
publication in a newspaper of infor.
nation made available by govern
ment bureaus, will the courts also
say that the newspapers cannot
publish other parts of data private
or public property? If the supreme
court decides ultimately that income
tax information must be kept secret,
congress will be saved a controversy
and prolonged de,ate. The general
belief of lawyers who have studied
the precedents is that the publica-
ton of income tax returns will not
be held illegal and that congress
will have to take other steps to
Euard taxpayers returns as a means
Of determining what can be the in
formation after it is given conf
dence to congressional committees.
The senate has often marked
document confidential" especially
treaty, but the newspapers have
published the same without being