anaheim-gazette 1936-04-09
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OLDEST PAPER IN ORANGE COUNTY
Anaheim, California, April 9, 1936
No Regimenting the Press
Those critics of our "horse and buggy Constitution" and of the decisions made by the Supreme Court upsetting much of the New Deal legislation as contrary to the fundamental law of the land, ought to be interested in the decision of the high tribunal which held the Louisiana newspaper tax law null and void, on the theory that it contravened the freedom of the press.
Certainly there has seldom been a better illustration of the value of constitutional authority and procedure than this one decision. The law proposed to levy a three per cent tax on the gross advertising revenues of newspapers in the state with more than 20,000 circulation. It was purportedly designed as a blow against the larger publications of Louisiana which were opposing the rule of the late Senator Huey Long, and it was put through the legislature by a socalled Long majority. Its effect would have been to place a serious financial handicap against these publications which were opposing the "Long rule" in Louisiana. The smaller newspapers, among which Senator Long found more editorial support, would have escaped. The Supreme Court by a 9 to 0 decision invalidated the law, and in reading the decision Justice Sutherland uttered these words:
"The newspapers, magazines and other journals of the country, it is safe to say, have shed and continue to shed, more light on the public and business affairs of the nation than any other instrumentality of publicity; and since informed public opinion is the most potent of all restraints upon misgovernment, the suppression or abridgment of the publicity afforded by the press cannot be regarded otherwise than with grave concern.
"The tax here involved is bad, not because it takes money from the pockets of the appellees. If that were all, a wholly different question would be presented. It is bad because, in the light of its history and of its present setting, it is seen
more light on the public and business affairs of the nation than any other instrumentality of publicity; and since informed public opinion is the most potent of all restraints upon misgovernment, the suppression or abridgment of the publicity afforded by the press cannot be regarded otherwise than with grave concern.
"The tax here involved is bad, not because it takes money from the pockets of the appellees. If that were all, a wholly different question would be presented. It is bad because, in the light of its history and of its present setting, it is seen to be a deliberate and calculated device in the guise of a tax to limit the circulation of information to which the public is entitled in virtue of the constitutional guarantees.
"A free press stands as one of the great interpreters between the government and the people. To allow it to be fettered is to fetter ourselves."
When one compares this interpretation of the American Constitution with the regulators which are in force in autocratic countries like Russia, Germany and Italy, where there is no freedom of the press, and little personal liberty, he is at once impressed with the value of American democratic individualism and the broad principles on which it is based.
There will be no regimentation of thought in America so long as our fundamental law is followed. Nor will there be any regimentation of the individual in other directions.
The decision in this Louisiana tax case brings to our attention again the blessings which the American Constitution and its orderly interpretation by the Supreme Court bring us in the way of personal privilege. This privilege extends even to the critics and agitators against our present system of government. Otherwise they would have no opportunity of criticising and agitating.
Ordinarily we accept the blessings of constitutional law merely as a matter of course, even indulging in some criticism when we imagine our selfish interests have been trod upon. It requires an interpretation like that made by the Supreme Court in the Louisiana tax case to bring home to us the real value of what we have and are permitted to enjoy.
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I HOPE THIS ISN'T GOING TO HURT ME AS MUCH AS IT DOES HIM!
BE CAREFUL YOUNG FELLER!
INTERNAL TROUBLES
CONGRESS
June had formed the prairie calling Martin from LA every day to report her with her lessons, hew assisted to note how her grammar command of words improv week to week.
"You don't know what means," she told him one ain't . . . I mean, I haven't minute to myself. This I learned all about the Rev Just like a big feud it was 1775. . .."
"Wait a minute," Martin rupted after listening for "That wasn't Patrick Hoe was Lord Cornwallis . . . wallis."
"All right, Cornwallis difference does it make no are you? Workin' hard that's right . . . you did that the very minute you ed the telephone. Has Da down to see you?"
"Nobody's heard from he left Judd's."
"Well, he'll be back. You what I'm goin' to do when home."
"You're talking through hat," grinned Martin. "Oh, are. Now let me tell you thing . . ."
He dropped the receive huge rock bounded down mountain side and crashed the middle of the camp ran out of the tent others in quick succession. One struck the steam shovel rattled up on the mountain.
The new men were on of losing their nerve, so could not determine from
"THE TRAIL OF THE LONESOME PINE"
SYNOPSIS
Furnal of the bloody fued exists between the Tolliver Talin clans in the Kentuckyains, Martin Reed, young engineer, arrives to build broad over their properties. Judd Tolliver's daughter is complications when she in love with Reed, thus ing the ire of Dave Tolliver, finance. Dave and the unmeting Reed engage in a fistfight over June but the Fallins descend on to avenge a beating Dave given one of them before, he holds them off until Dave June can make a getaway. The fight, Reed sends June sister in the city and re-ts to his camp to find that Falins, for revenge, have led to impede progress of railroad by sabotage.
He rose from the table, strode over to his gun, picked it up and turned to the front door. Then he paused and came back.
Hesitatingly he walked over to Melissa and looked down into her up-turned, mute and pleading face.
"One fer you," he spoke softly as he kissed her on one tear-filled eye. "One fer me." He kissed her on the other eye. Then he hugged her. "An' one fer June."
He turned and without a backward glance, marched through the door. The two old people stared after him hopelessly.
"I Ain't! I ain't I ain't" June screamed definitely as she faced Martin's puzzled sister in the reception hall of the latter's Louisville home. "Them's no fittin's for me to wear, an' you know it! They kin take 'em back or they kin do what they want with 'em. I got feelin's, I has, an' I ain't going'a-fall on my face tryin' to balance on them stilts." She whirled on the maids and the butler, who were carrying her new clothes in their arms and drove them before her. "I wish I'd never come," she wailed. "That's what I wish."
"Darling—I'm not trying to make you wear them," said her hostess gently. "It's only tha girls are. Now let me tell you thing . . ."
He dropped the receive huge rock bounded down mountain side and crashed the middle of the camp ran out of the tent others in quick succession. One struck the steam shovel rattled up on the mountain.
The new men were on the of losing their nerve, since could not determine from the attack came.
"Use your brains!" yell tin as he tried to rally the your guns and return the
A large tree trunk bourn of the evening shadows ed down upon a group of workers. Two of the crushed beneath it. The fled pellmell. "We're go o'here, see . . . right now er of the men shouted a
"What are you afraid o engineer stared at him s
"We don't know . . . th we're afraid."
"All right—get! But ye be paid until this job is o
"Is that so?" snarled t
"Listen men," Martin above the tumult. "I'm
(Political Advertisement)
Attention Voters
J. S. (Jack) Kerr
Candidate For
Anaheim City Council
at the
April 14 Election
Is an Independent candidate, and not connected with anyone, or group.
Mr. Kerr has been a resident of Anaheim for 13 years, is a World war veteran and believes in fairness at all times.
Mr. Kerr believes in the rights and privileges of others, and that all people should use their rights as good citizens.
He also believes in the rule of a majority, "So let's all vote," vote your choice and may the best man win.
Please do not confuse Jack Kerr with H. C. Kier who formally was a tire merchant here.
June had formed the practice of calling Martin from Louisville every day to report her progress with her lessons, hew as amazed to note how her grammar and command of words improved from week to week.
"You don't know what busy, means," she told him one day. "I can't... I mean, I haven't had a minute to myself. This morning learned all about the Revolution. Just like a big feud it was. In 1755...".
"Wait a minute," Martin interrupted after listening for a while. That wasn't Patrick Henry. It was Lord Cornwallis... Cornwallis."
"All right, Cornwallis... what difference does it make now? How are you? Workin' hard... Yes, what's right... you did tell me that the very minute you answered the telephone. Has Dave been down to see you?".
"Nobody's heard from him since he left Judd's.".
"Well, he'll be back. You know what I'm goin' to do when I come home."
"You're talking through your hat," grinned Martin. "Oh, yes you are. Now let me tell you something...".
He dropped the receiver as a huge rock bounded down the mountain side and crashed through the middle of the camp. As he ran out of the tent others followed in quick succession. One of them struck the steam shovel. Rifle fire battled up on the mountain.
The new men were on the verge of losing their nerve, since they would not determine from whence to get you killed, but this job means everything to me. You birds get behind me and we'll clean out these rats. What do you say?... Come on, I'll raise the ante... triple your money. What about it?"
"I tank it bane a crackerjack idea," boomed a big Swede. "Where's my gun. Let's go!"
Armed with rifles, shotguns and revolvers, the hundred men of the road gang soon were swarming up the mountain in the growing darkness. Their attackers did not stay for a fight, but melted away into the night.
"You git 'er fixed, son?' Buck Falin inquired of Gorley, as they stopped for a last pot shot at the climbing laborers.
"She's all sot under the orridge, pappy, an' ready to go. Shall we touch 'er off now?"
"We'll do it in the mornin'," grinned the old man as he pulled the trigger again. "Kinda like tuh have Mr. Reed see it. Good effect, you know."
Now let me tell you somening . . .
He dropped the receiver as a
uge rock bounded down the
mountain side and crashed through
the middle of the camp. As he
ran out of the tent others followed
in quick succession. One of them
truck the steam shovel. Rifle fire
attled up on the mountain.
The new men were on the verge
of losing their nerve, since they
would not determine from whence
the attack came.
"Use your brains!" yelled Martin
as he tried to rally them. "Get
your guns and return the fire."
A large tree trunk bounded out
of the evening shadows and roared down upon a group of terrified
workers. Two of them were
brushed beneath it. The others
fled pellmell. "We're getting out"
"here, see ... right now," a leader
of the men shouted at Martin.
"What are you afraid of?" The
engineer stared at him scornfully.
"We don't know ... that's why
we're afraid."
"All right—get! But you won't
be paid until this job is done!"
"Is that so?" snarled the husky.
"Listen men," Martin shouted
above the tumult. "I'm not trying
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