(Confidential)
United tates
50 UNION SQUARE
TELEPHONE 1957 STUYVESANT NEW YORK, Jan. 8,1917.
Gentlemen:-
This is to call your attention to two pernicious bills
now pending in Congress, which if enacted into law, would withhold
from the mails any publication or printed matter advertising
intoxicating liquors.
The House Bill (H.R. 18986) was introduced by Mr.
Randall December 15th, 1916, and provides:
'That no letter, package, postal card, or circular, newspaper,
pamphlet, or publi cation of any kind, oontaini ng
any advertisement of any spirituous, vinous , malted, fermented,
or other intoxi cating liquors, shall be deposited
in or carried by the mails of the Uni t ed States, or be
delivered by any postmaster or letter carrier when addresse'd
to other than a lawfully licensed manufacturer or dealer in
such liquors.'
The Senate Bill (S. 4429) was introduced by Mr. Bankhead
February 12, 1916, and reported December 21, 1916. It provides:
'That no letter, postal card, oiroular, newspaper, pamphlet,
or publication of any kind containing any advertisement of
spirituous, vinous, malted, fermented, or other intoxioating
liquors of any kind, oroontaining a solicitatioQ of an order
or orders for said liquors, or any of them, shall be deposited
in or carried by the mails of the United States, or be
delivered by any postmaster or letter oarrier, when addressed
or directed to any person, firm, oorporation, or association
or other addresses, at any place or point in any State or
Territory of the United States at which it is by the law
in foroe in the State or Territory at that time unlawful to
advertise or solicit orders for such liquors, or any of
them, respectively.'
-2-
Both of these measures, which carry severe penalties,
have been reported favorably and are now on the calendar.
While these measures are of vital concern to all brew-ers,
and might seriously affect our proposed publicity campaign, they
should be opposed from the standpoint of the newspapers themselves,
because of the attempted restriction upon their rights. If Congress
has the power to pass laws prohibiting the acceptance of certain
classes of advertisements, the next step may be the attempt to curtail
the expression of editorial opinion.
I am enclosing copy of a resolution passed by the Ad-vertisers
Club of Cincinnati, with one or two editorials that have
appeared in papers in the middle west, for your information .
The purpose of this letter is to ask that you take the
matter up with any of the advertising agents you patronize, or in case
you handle your own advertising direct, I would suggest that you take
it up with the business office of the publications that you patronize.
Let me emphasize the point that this is a matter which
conoerns the newspapers' most vi tally, and they should make the fight
for their own protection as a matter of general principle.
Not only should these bills be opposed, but any bills
of a similar character which may be pending or ma.y be introduced
later on.
Requesting your prompt cooperation, I am
Yours very truly,
HUGH F. FOX,
Secretary.
A MEASURE THAT MERITS DEFEAT
Whether such a law would stand the test of constitutionality is a question,
and in the opinion of some authorities it would not. The constitution itself
provides that Congress shall make no law abridging the freedom of the press,
and apparently this plan would be a plain violation of this requirement. If,
moreover, Congress could regulate the conduct of the press thus far, it would
open the way for further and still more pernicious interference, not only in the
regulation of advertising, but in the limitation of news and editorial expression.
Such a precedent, in fact, would be both pernicious and dangerous, and it
is impossible to believe that Congress will make the mistake of being misled into
an endorsement of this plan, which evidently is intended to cultivate the favor
of the ultra-prohibitionists of this country. Instead of aiding the prohibition
movement, however, this ill-advised proposal is likely to have an entirely opposite
effect. It shows how blindly unreasonable the more radical leaders of this movement
are, and how even a meritorious reform may be pushed to objectionable
extremes. But the chances are that Congress will see the point and turn down
this silly bill, which is more a blow to the publishers than to the liquor interests,
and is likewise prejudicial to public interests and welfare, through the open proposal
to interfere with the freedom of the press.-Oshkosh Northwestern.
Some newspapers have for a time past been excluding all liquor advertising,
but the great majority of the leading papers have carried a heavy volume of such
advertising, or at least have sold large space to the brewing interest. In not a
few cities, too, local grocers who handle wines, etc., have contributed a volume
of advertising that would leave quite a gap should it be suddenly cut off.-Newspaperdom.
WHY NOT REGULATE EVERYTHING?
Enactment of this bill into law will establish a precedent which quickly and
easily may lead to governmental censorship of all printed matter. If it becomes
unlawful to publish advertising relating to the sale of intoxicating liquors, it
will be but a step to prohibit the advertising of tobacco, of underwear, of stockings
or any other commodity in which a large portion of the public is interested.
It would almost appear that a law so drastic in its operation would be in contravention
of the constitutional guarantees to the press. Not because the bill in
question relates to advertising of alcohol, but for the broader reason that it
impinges upon personal rights, members of Congress should study the measure
seriously before committing themselves to its support.-Cincinnati Enquirer.
The folloWing resolution was unanimously adopted by the Board of Governors
of the Advertisers Club of Cincinnati, at a meeting held on Thursday, December
28th, in the Hotel Gibson:
RESOLVED, That we are opposed to the passage of any form of any
governmental measures, such as H. R. I8986 and S. B. 4429, which are designed
to restrict the use of the mails for the advertising of legitimate business.
We regard such measures a direct blow at the rights of advertisers. That any
such precedent would soon result in similar measures directed against tobacco,
stocking and underwear illustrations, and many other forms of advertising
and open the way to antagonistic and injurious legislation such as would
prove a constant menace to our interests, and that our Secretary be instructed
to write letters to the Congressmen and to the United States Senators, requesting
their active opposition and vote against the passage of this bill;
it is further resolved that a copy of this resolution be sent to the Associated
Advertising Clubs of the World, asking their co-operation in making opposition
to the passage of this bill.
The following resolutions were adopted by Cincinnati Typographical Union
NO·3 :
WHEREAS, We regard the freedom of the press as the main essential
to the perpetuation of our free institutions; and
WHER-EAS, House Bill No. I8986 and Senate Bill No. 4429 seek to
establish, through the Postal Department, a limited censorship over the
press; and
WHEREAS, History shows that a principle, such as is involved in the
proposed law, when once accepted, will be broadened and Will gradually
lead to more arbitrary and onerous restrictions; therefore, be it
RESOLVED, By Cincinnati Typographical Union NO.3, that we regard
the proposed law as a most dangerous precedent, inconsistent With
the spirit and development of a free people; and be it further
RESOLVED, That we, as printers, strongly disapprove of the enact-ment
into law of the aforementioned bills, because the effect of same would
be an unwarranted curtailment of the legitimate field of the printing industry.
If Congress can forbid the advertising of one 'lawful business,' which will
take millions .of dollars of printing away from the printers of the United States,
not only in display advertising, but in circulars, price lists, folders, etc., it can,
With equal propriety, forbid the advertising of numerous other articles of lawful
merchandise.
There is already propaganda on 'foot to treat tobacco, cigars, and cigarettes
as it is attempted to do here With liquors, and the printing and allied trades of the
United States should oppose these efforts to curtail the freedom of the mails and
of the newspapers in advertising lawful merchandise.
Circular of PRINTERS' LEAGUE OF AMERICA,
CINCINNATI LOCAL, BRANCH NO.4.
Becker Brewing and Malting Company Records
