Byron White

“ As therefore the assailed provision when rightly construed only affixes additional conditions for admission to a privileged class of mail, and it was merely designed to provide for the continuance on compliance with designated conditions of a system under which vast sums of public money were expended, to the end that the power and influence of the press might be expanded, it results that there was no foundation for the meaning attributed to the provision in question by the complainants, and on which the grievances upon which they relied rested. ”

“ It is not necessary to stop to enumerate the exceptional privileges and great advantages which were offered to publishers of newspapers by the classification thus adopted, since it is not questioned that, as a result of giving them the benefits of the second-class rates, pecuniary advantages of great consequence to them resulted which, when conjoined with the exceptional administrative and other privileges which were accorded under that classification, undoubtedly operated a very great discrimination in their favor. ”

“ We say this because of the intimate relation which exists between ownership and debt; since debt, in its ultimate conception, is a dismemberment of ownership, and the power which it confers over an owner is, by the common knowledge of mankind, often the equivalent of the control which would result from ownership itself. ”

“ Equally wanting in force is the further contention that because the regulation in the second paragraph to the effect that paid matter shall be marked as advertisement is sanctioned by a penalty, therefore, at least, as to such provision, an independent regulation of the press was intended, divorced from the requirements as to entry contained in the first paragraph. ”

“ We say this because the second printed paragraph by reference clearly manifests that its provision applied to 'such' newspapers, periodicals, etc., that is, the newspapers or periodicals covered by the first paragraph, and which by its terms are submitted to the duty of entry in order to enjoy the privileges conferred. Nor do we think there is in reason ground to support the proposition that because the provision sanctioned the duty to make entry by an exclusion from the mails, it hence is a general regulation, and not simply conferring the right of availing of the secondclass privileges. ”

“ We say this is the question, since necessarily if the power exists to legislate by discriminating in favor of publishers, the right to exercise that power carries with it the authority to do those things which are incidental to the power itself, or which are plainly necessary to make effective the principal authority when exerted. ”

“ Without stopping, however, to review the subjects in detail, we content ourselves with saying that we think neither the reference to expressions in debate, upon the concession for the sake of argument that they are competent to be looked at, nor an opinion of the Attorney General upon which reliance is placed, are adequate to control or modify the conclusion we have reached as to the meaning of the provision. ”

“ From this it results that it was and is in the power of Congress, in 'the interest of the dissemination of current intelligence,' to so legislate as to the mails by classification or otherwise, as to favor the widespread circulation of newspapers, periodicals, etc., even although the legislation on that subject, when considered intrinsically, apparently seriously discriminates against the public and in favor of newspapers, periodicals, etc., and their publishers. ”

“ Only particularly concerned, as we are, with the legislation relating to the carriage of newspapers in the mails, we need not stop to generally demonstrate the accuracy of the statements we have made. An abstract from and reference to the statutes chronologically arranged, relating particularly to discriminations in favor of the carriage of newspapers in the mail, will be found in a statement made by W. A. Glasgow, Jr., Esq., before the Postal Commission of 1906-07, forming part of House Document, vol. ”