Lewis Publishing Co. v. Morgan
Supreme Court of the United States
APPEALS PROM THE DISTRICT COURT. OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OP NEW YORK. The facts, which involve the constitutionality and construction of the provisions in the Post Office Appropriation Act of 1912 in regard to privileges of second class To adopt the Government’s narrow construction of this statute would be judicial legislation. Its provisions are plain and free from ambiguity.
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APPEALS PROM THE DISTRICT COURT. OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OP NEW YORK. The facts, which involve the constitutionality and construction of the provisions in the Post Office Appropriation Act of 1912 in regard to privileges of second class To adopt the Government’s narrow construction of this statute would be judicial legislation. Its provisions are plain and free from ambiguity. Failure to comply with its requirements subjects “every newspaper” to a denial of “the privileges of the mails” — not the advantages of second class rates only, but the privilege of using the mail…
1Opinion of the CourtChief Justice White
the court.
The Post Office Appropriation Act of August 24, 1912, 37 Stat. 539, 553, 554, c. 389, in § 2, contains the following:
“Sec. 2. ... . That it shall be the duty of the editor, publisher, business manager, of owner of every newspaper, magazine, periodical, or other publication to file with the Postmaster General and the postmaster at the office at-which, said publication is entered, not later than the first day of April, and the first day of October of each year, on blanks furnished by the Post Office Department, a sworn statement setting forth the names and post-office addresses of the…
2Cases cited1 opinion
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
3Cited by89 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
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- Communist Party of United States v. Subversive Activities Control Bd.Supreme Court of the United States · 1961
- Electric Bond & Share Co. v. Securities & Exchange Comm'nSupreme Court of the United States · 1938
- Hannegan v. Esquire, Inc.Supreme Court of the United States · 1946
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