Evening star., 1942-04-27

and periodicals
know that any - 'sa
Of them may David Lawrence.
suddenly be denied the use OF the
mails II their editorial contents do
not satisfy the opinions OF the
Postmaster General on national
policies.
Selecting an obviously unpopular
and detestsble periodical which
makes IL dificult for editors gen.
orally 10 take UP the cause for fear
of being misunderstood as support
ing the vicious publication, the ad-
ministration has nevertheless gone
even farther than Postmaster Gen.
eral Burlesonis order denying the
mails to the Socialist newspaper
published by the late Victor Berger
Of Milwaukee during the last war.
At that time only the second -class
privileges were denied. but this time
the Post once Department has re-
fused 70 allow FIRST or second or
third or fourth class mailings to be
used by m accused publication. Also
efforts On the part OF the publisher
to modify the contents of q second
issue have been met with IN ex
parte statement Of non-mailability
without adducins proof Of the pub
fishers intent to violate the espio-
mage law.
Can Seek Injunction.
It Il true q publisher can appeal
for relisf to the courts by injunction.
but this cannot undo the damage
done by the order which, mean
while. w1thholds from the mails the
issues suppressed. A publishers
subscription list can be damaged
irreparably IL delivery is interrupted
IN what months later may be ad-
judicated to be an unlawful inter-
ference.
The New Dealers In 1887 broadcast
widely their dcnunciation Of the
'rsActionaryp Supreme Court, but
they do not hesitate today to aban-
don such great liberals as Justice
Drandeis and Holmes and adopt a
reactionAry ruling when IL suits
them.
After declaring that the Post
master General has no right to m
hict pnnishments ana that under
the Constitution only ) trial BY Jury
and court procedure can determine
punishment, Justice Brandeis pointed
out that Publisher Berger had not
been convicted under the Espionage
Act Of 1917, but his publication was
suppressed just the same because Of
his alleged violation Of that act.
Justice Brandeis In his famous dis
senting opinion of March Z, 1921,
which was concurred in by Justice
Holmes, said:
"This case arose during the World
War, but 1t presents no legal ques-
tion peculiar to war, 1t is important
because what we decide may de-
termine In large measure, whether,
In times Of peace our press shall
Be free.
Not . War Power.
I'm conclusion, I say again-be-
cause II cannot be stressed too
strongy-that the power claimed is
not . war power. There is no ques-
tion Of Its necessity to protect the
country from insidious domestic foes.
To that end the Congress conferred
upon the Postmaster General the
enormous power of entirely exclud-
Ing from the mails any letter, pic
ture or publication which contained
matter violating the broad terms of
that act. But it did not confer
and the Postmaster General con-
ceded that it did not confer-the
vague and absolute authority prac-
tacally to deny circulation to any
publication which in his opinion is
likely to violate In the future any
postal law. The grant of that power
Is construed into the postal rate
statue passed 10 years ago which
has never before been suspected of
containing such implications. can
not believe that in establishing postal
classification in 1879, Congress in
tended to confer upon the Post
master General authority to issue
the order here complained Of. II,
under the Constitution, administra-
tive oficers may, as a mere incident
Of the peacetime administration of
their departments. be vested with
the power to issue such orders as
this, there is little Of substance In
our Bill Of Rights and in every ex-
tension Of governmental functions
urks new danger to civil liberty"
The proper procedure would seem
10 be to bring . case under the
espionage law Of 1917 and II q jury
convicts the publisher, then his pub
hcations are automatically barred
from the mails as the law itself pro-
vides.
Reproduction Rights Rsseved)