A DANGEROUS PROPOSAL by S. B. HORTON

Pacific Press Publishing Association · Mountain View, California · Feb 23, 1915

A DANGEROUS PROPOSAL

By S. B. HORTON

Bills Before Congress to Abridge the Use of the Mails — Must Not Speak Against Religions We Do Not Like

By S. B. HORTON

THERE were introduced into Congress, January 7 and 11, two measures (H. R. 20644 and H. R. 20780) designed to amend section 3893 of the revised statutes of the United States relating to the mailing of certain kinds of literature, the effect of which measures would be to deprive so-called anti-Catholic literature the use of the mails.

Representative Fitzgerald, of Brooklyn, New York, chairman of the Appropriation Committee, is the author of the first bill; and Representative Gallivan, of Massachusetts, introduced the second. Both gentlemen are communicants of the Roman Catholic Church, and are naturally interested in matters affecting it.

During the consideration of the post office appropriation bill recently, Representative Fitzgerald proposed a "rider" looking to the accomplishment of the object contained in his subsequent bill; but the "rider" was ruled out on a point of order, the rule being that existing laws may not be amended in that way. Mr. Fitzgerald was advised to bring his measure before the House in the shape of a bill, which could then be considered on its own merits.

Referring to the Fitzgerald "rider," the New Century of January 23, 1915, a Catholic publication with offices in Washington, D. C., and Milwaukee, Wisconsin, has this to say: "It is obvious that the purpose of this amendment is to get after the Menace, which is all aflame over it."

But Representative Falconer, of Washington State, sees more in the proposed amendment. In the discussion of the "rider," he said: "I want to ask if it is not something of a dangerous precedent to establish to put this kind of an amendment or provision in a bill of this character, giving the postmaster-general the power when the common laws cover the point, and where any one who now sends this kind of literature through the mails is subject to the penalties of the laws now on the statute books. I am against this amendment. I think it is un-American."

The Federation of Catholic Societies has for several years considered the question of squelching so-called anti-Catholic literature by securing some such legislation as is contemplated in the Gallivan bill. We give this bill in full as follows, since it is more definite and to the point than is the Fitzgerald bill:

"63d Congress "3d Session H. R. 20780 "IN THE HOUSE OF REPRESENTATIVES "January 11, 1915. "Mr. Gallivan introduced the following bill, which was referred to the Committee on the Post Office and Post Roads and ordered to be printed: "A BILL TO AMEND THE POSTAL LAWS "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall be established, to the satisfaction of the postmaster-general, that any person is engaged in the business of publishing any scandalous, scurrilous, indecent, or immoral books, pamphlets, pictures, prints, engravings, lithographs, photographs, or other publications which are, or are represented to be, a reflection on any form of religious worship practiced or held sacred by any citizens of the United States, it is hereby declared that the postmaster-general shall make the necessary rules and regulations to exclude such matter from the mails."

At the New Orleans meeting in 1910, a resolution was passed by the federation requesting the amending of the postal laws, concerning which the secretary stated that the chairman of the law committee of the federation "took up the matter with Hon. Francis J. Burke, a Catholic member of Congress. Mr. Burke informed the federation that the extra session of Congress would hardly consider the matter, and advised that the same be taken up next fall, when the regular session of Congress will begin. We hope to be able to report at the next convention that such a measure has been passed by Congress, which will put a stop to the circulation through the mails, at least, of books and papers which defame religion and their spiritual leaders."

At the meeting of the federation the next year, 1911, the following resolution was adopted: "Resolved, That the Federation of Catholic Societies do enter their solemn protest against the mailing or offering for sale of obscene literature, including under this title books, papers, writings, and prints which outrage religious convictions of our citizens and contain scurrilous and slanderous attacks upon our faith."

The same subject matter has been made a special topic in subsequent meetings of the federation, indicating that Roman Catholics intend to deprive the mails of literature that may be calculated to antagonize the movements of their church in this country.

A MOST DANGEROUS EXPERIMENT

That the proposed amending of the postal laws is a most dangerous experiment, no one who understands the spirit of our government will question for a moment. It would mean the nullification of the first amendment to the constitution of the United States, which guarantees that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

The amending of section 3893 of revised statutes of the United States would not affect the Menace only, but would involve any and all literature that might be considered by a Roman Catholic postmaster-general or a Roman Catholic judge as "a reflection on any form of religious worship practiced or held sacred by any citizens of the United States."

A hearing is to be given to those desiring to speak on the proposed law, and further comment will be made for the SIGNS later. In the meantime every American citizen should send to his congressman a vigorous protest against adopting such measures as the Gallivan and Fitzgerald bills.