Milford chronicle., 1936-04-24
SHALL THE PRESS
REMAIN FREE !
BY DAVID LAWRENCE
CTaken From Wilmington Morning

News" March %. 1886
Irrespective of party and irrespec-
tive Of personalities, the issue raised
by few members Of the United
States Senate as to whether the
freedom Of the press shall be main
tanned in America transcends in ini-
portance and other aspect of public
policy today, for il the encrOach-
ment is not repudiated then the
rights OF the citizens to other con-
stitutiOnaI guarantees will be sim
ilarly impaired,
In its simplest form the question
has been raised. Three publishers
of newspapers in widely separated
parts of the country have had their
private messages seized by what is
plainly an unlawful method. Judging
by Supreme Court precedents. The
privacy which has for SO long a time
attached to kilograms has been
brushed aside by Senate committee.
The Federal communications act
and other laws make it a Federal I
Offense to disclose the contents Of
messages except ION lawful authori
IT," Employees of the Federal Com
municatiOns Commission, acting on
orders from members of the commits +
sion, surrendered private messages
without questioning the legality Of
the request Of Senate committee.
sss
But even though some 10000 tele-
grams were copied by Senate COM
mittee representatives with the CO.
operation of the Federal COmmunil
cations Commission, the question
arises whether the Senate committee
had a right to turn over any mes
sage so obtained to any person out
side the Senate committee. II ap-
pears that a copy of one of these pri-
vate messages was transmitted TO
member of the House Of Represents
tives. Elisha Hanson, general cOun-
sci for various newspaper publish
ers. insists in a motion filed in the
District of Columbia Supreme Court !
that the Senate committee violated
the law and so did the Federal Com
Commission employees
In turning over private messages TO 2
outside persons.
II is not a question OF what the
contained because in one G
Instance the telegram was a COM
between a publisher and 4
IFS Washington correspondent. AS Il
disclosed. the member I
Il the House who was mentioned in "
he telegram took Offense at the Il
harges and made a speech about it, h
hus making the telegram public. 4
lad this not been done, the public 81
gOuld not have been aware that this nj
articular attack had been made on =
be member cC
There is, moreover. the point that iii
judge in the district Supreme
Ourt had a week ago ruled that the
ubpOena under which the Senate at
had obtained copies Of its N
'legrams was unlawful, but the SEN sh
.e committee went ahead with the pc
ansmissiOn Of the copy Of the mes pr
ige 10 a member of the House mi
co
This means the beginning Of con- I'll
derable litigation OF Importance TO at
Z the people who believe in the ge
guarantee Of the free Gu
I'M Of the press. Senator Black Of In
labama, chairman of the Senate tw
lbby COmmitte. told the Senate on an
-iday that, II injunctions were go me
& to be granted against Senate col
mmittees, Il would mean they pla
did be enj0ined against getting evil the
nee. But the Supreme Court has pei
ID again and again that no such nit
limited right 10 seek evidence has Of
en- granted The judicial power. Pr
E right 10 enforce Federal statutes pat
d conduct Investigations into vio- Coz
ions Of existing laws. is not vest 9th
in either house Of Congress but any
the courts, where action Is TO be knG
zen following the presentation Of FED
Idence secured IN the usual way era
.ough the offices Of the United
ties district attorneys. con
4 has been contended In the SEN OF
that the subpoena used by the gag
,hy committee Is virtually the ly.
ne as has been used for many Fed
irs. But this does not make II BY
7ful or constitutional. Chief Jus gra
{ Taft once said with reference to mes
3 point that the fact that a law was
not been challenged in the inst