Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-03-14

sdtion.
"the magazines which will
be affected" as being maya
zines with large circulation
and with strong influence on
public opinion.
Senator Clark, moreover.
responded, "That is correct"
to this statement by Senator
Humphrey Of Minnesota: "In
my opinion the argument
boils down to this: The maya
zines which carry the largest
amounts Of advertising are
the ones which have the
largest circulation. The
magazines which have the
largest circulation are the
ones which receive the largest
subsidies. So the ones with the
largest circulation and which
receive the largest subsidies
carry the largest amounts Of
advertising and make the
most money"
Senator Monroney Of Okla
homa said: THE amendment
of the Senator from Penn
sylvania would create an ineq-
uitable situation by penaliz-
ing a publisher because his
circulation is large. although
the amount of the subsidy
per copy may be the same as
that of another magazine
which is exempt from the ex-
tremely high increase in
postage rates. We shall be
penalizing a publisher having
a large circulation because
his publication is one which
the public chooses to buy in
large quantities.
II do not believe Congress
should legiSlate in that way.
I do not believe it should
legislate with a finger pointed
at two, three or four large
magazines. I do not think it
is fair to try to collect from q
magazine with large circula-
ton three times the amount
OF postage which would be
collected from magazines
whose circulation is small"
Senator Johnston of South
Carolina summed up the mat
ter thus: Mr.. President, the
so-called Rhodes amendment,
carried in the postal rate bill
H. r. 1886, as passed by the
House last August is punt
tive legislation, and conceiv.
ably could force many news
paper and magazine pub
fishers to suspend opera
tons
"This amendment most
certainly should be stricken
from any postal rate in
crease bill to be passed by
the Senate. Among the nu-
merous and imperative rea-
sons for rejecting the amend,
ment are the following:
The Rhodes amendment could
permit the Postmaster Gen.
eral to set different rates for
competing publications"
Mr.. Rhodes himself says
that his amendment is justi-
ned in part by the circum-
stance that postal rates "have
always been higher on large
circulation magazines, since
these magazines have histori-
cally carried the greatest vol
ume Of advertising"
Representative Rhodes
adds: ITO charge that this is
somehow discriminatory or
an unconstitutional viola.
ton Of freedom of the press
Is ridiculous" Yet the
Supreme Court Of the United
States has thought other
wise. In 1896, the court
struck down a Louisiana State
tax based on receipts from
advertising carried by publi-
cations having a circulation
OF more than 10000. The
court held that a tax or pen
atty based on circulation and
on the amount Of advertising
Is unconstitutional because
1t is an interference with
freedom of the press as
guaranteed by the First
Amendment to the Consti-
tuition Of the United States.
The court emphasized that
such legislation operates as a
form Of censorship. The
dangers in this regard are
suggested in a statement by
Senator Clark during the
February q debate when,
in answer to a question, he
said: Much as I dislike to
disagree with the distin-
pushed Senator from Okla
homa. I believe he will find
that the poor magazines
which support the political
point Of view which he and
I share would not be affected
at all by this amendment"
Weight and the cost Of
Gro Vacf,ortfYa0 a. .aa.ks..Af :.