Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1931-06-12
T'TXkAS
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
10 four decision which held I'M
constitutional a Minnesota law IN
Ger 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. IL 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 It
was the Saturday Press Of Minnea-
pClis published a series Of articles
Oh vice president conditions in Min
neapolis and Hennepin county IN
which ii asSailed public officials.
Action against 1t was taken under
the newspaper law. 1t was perman-
emily enjoined from publication by q
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 l4th amendment.
He said ID vas in effect a censorship
and that redress from untrue Stor-
les and restraint was found in the
libel laws. In his lengthy review the
chief justice brushed aside techni-
cal questions raised by stating the
court regarded substance and not
form and the law must be tested
by its operations.
A publication Of the malicious
scandalous or defamatory type is
OF sewer origin and has no place in
a civilized country.
All this is true but the press should
be free at all times and then held
responsible for violation of the CIV
II or criminal statutes of the COM
monwealth. There Is a way to reach
the scavenger and the foul bird
should be dealt with according 70
law. AS for the Minnesota statute,
IL 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 six
years have been battling for relief
from a law that was productive OF
terrorism To a great extent and that
should never have been enacted ~
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 out
| OF place.
There is ever a way to suppress
the latter.
Gov. Clifford -.nchot attended
the 23rd conference Of governors
held at French Lick Springs, Ind. He
had been placed on the program
10 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 CT
fort would be made to prevent the
Pennsylvania executive speaking N
the power trust II he preferred.
Pinchot preferred. In explaining MS
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 80 per cent Of the entire
electrical power Of the country Is
controlled by four groups and that
the Mellon-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 erwhelmed at the polls all the
industrial bosses. the financial boss
es and the political bosses Of Penny
! s~ylvania.
Now he has a weather eye on the
White House. How far win he travel?