Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1931-06-12
TTXk.S
TOPICS

Thomas jefferson, the founder Of
the democratic party was the
first immortal champion OF a free
press. He won. Well. freedom Of
the press is not a dead letter under
the flag. A very broad view Of its
freedom was taken by the supreme
court Of the United States in a five
to four decision which held I'M
constitutional a Minnesota law un-
der which the Saturday Press. a
Minneapolis weekly. was suppressed.
Chief Justice Charles Evans Hughes
delivered the majority opinion and
Justices Holmes, Brandeis. Stone
and Roberts agreed. Justice Pierce
Butler of Minnesota read a diSsen-
ting opinion in which Justices Nc
Reynolds. Van DeVanter and Suth-
erland joined. It is significant that
the decision was the same as in
the opinion u~pholding the Indiana
chain store law.
Away back in 1925 the Minnesota
legislature enacted a statute which
provided for the suppression Of a
publication held to be malicious.
scandalous or defamatory." Then 1t
was the Saturday Press of Minnea-
pClis published a series Of articles
OF vice president conditions in Min
neapolis and Hennepin county III
which 1t aSsailed public officials.
Action against IL was taken under
TIE newspaper law. 1t was perman-
emily enjoined from publication by a
state court and the state supreme
court Of Minnesota upheld the de-
cision. Chief Justice Hughes took
the view the law was an infringe
ment Of the liberty OF the press
guaranteed by the 14th amendment
He said IL was in effect a censorship
and that redress from untrue stor-
les and restraint was found in the
libel laws. III his lengthy review the
chief justice brushed aside techni-
cal questions raised by stating ths
court regarded substance and mo-
form and the law must be tested
by its operations.
A publication OF the "maliciou;
scandalous or defamatory type /.
OF sewer origin and has no place ir
a civilized country.
All this is true but the press should
be free at all times and then hello
responsible for violation Of the CIV
IL or criminal statutes Of the CON-
monwealth. There is a way TO reach
the ~scavenger and the foul birc
should be dealt with according Il
law. AS for the Minnesota statute
iJ gagged the press of. that COM
monwealth. 1t prevented free dis
cussion of public officials or their
sins Of commission or commission
Almost to a man the publishers and
the editors of Minnesota for sis
years have been battling for reliet
from a law that "a productive OF
terrorism 70 a great extent ard that
should never have been enacted w
a legislative body in a common
wealth or republic enjoying a de-
mocratic form Of government.
Gag laws are out OF place.
S%eavenger scandal sheets are ou.
of place.
There is ever a way to suppress
the latter.
Gov. Clifford -inchot attended
the 23rd conference of governors
held al French Lick Springs. Ind. He
had been placed on the program
TO speak on Timber Needs OF the
Future He swept aside the assign
ment and selected a topic nearest
to his heart and mind. Advance
press reports said that he would &c
permitted to make the speech. Gov.
Leslie Of Indiana declared no Of
fort would be made TO prevent the
Pennsylvania executive speaking IN
the power trust II he preferred.
Pinchot preferred. In explaining mis-
interest in the subject Of public
utilities he asserted the question
was the biggest problem before the
people Of the United States: that
more than 90 per cent of the entire
electrical power Of the country is
controlled by four groups and that
The Mellon-M Morgan interests control
81 per cent Of that amount. Pincho.
refused to be gagged or shackled.
He is the governor OF one OF the
most important American common
wealthS. He is a man Of large wealth.
In his campaign for office in 1890
he o.erwhelmed at the polls all the
industrial bosses. the financial boss
es and the political bosses Of Penny
sylvania.
Now he has a weather eve on the
White House. How far wiz he travel?