Show BAKER DEfENDS I NEWSPAPER IN j T TAX X PUBliCITY I I Acting as Counsel for Baltimore Bal Bat j Post Former Secretary Secretary Secretary Sec Sec- Argues Demurrer Demur Demur- in Federal Court NEW YORK Dee Dec 9 By U. U P. P P.- P. Federal Judge Knox in United States district court here today directed di directed directed di- di the jury to bring a verdict of not guilty in the case of the government government government gov gov- I against the Herald Trib I une indicted for publication of in inCome income income in- in come tax figures The indictment was against the Tribune Herald-Tribune company Inc and I Iwas I was wag the first case to be tried by a jury The decision of Judge Knox will willbe I be carried to the supreme court of I the United States Colonel William WilliamI Hayward United States attorney announced I In his charge to the jury Judge Knox pointed out that it was merely merely merepoint mere mere- ly a point of law which was involved I and that the opposing sides were in I agreement as to the facts He then directed the jury to bring in a verdict verdict ver ver- dict of not guilty By PAUL R. R MALLON BALTIMORE Dec 9 By U. U P. P P.- P. I In a striking analysis of ot the privileges privileges leges of ot the press under the constitution constitution former Secretary of ot War Newton D. D Baker today argued the demurrer of the Baltimore Post a ScrIpps Howard newspaper newspaper In Indicted Indicted indicted in- in by the government for publishing pub pub- publishing pub pub- lishing Income tax figures Appearing as counsel for the Post before the United States district I court here Baker maintained that the newspaper was was was' fully within Its constitutional rights in exercising I Its prerogatives prerogatives' of oC freedom of ot the press when It printed the taxes paid b by Baltimore residents I The basis of Bakers Baker's argument was as that the collectors' collectors lists were not returns as defined by th the revenue revenue reve reve- nue flue bill bilI and that since the law di directed directed directed di- di that collectors tors make the tax figures available for public Inspection inspection tion tion such ouch availability was in fact publication DEFINES FREEDOM Were sany any y other construction pla pa d. d s 2 Jl we u lave lr Ing ng g fr freedom cd pe of t t e dh h and d denying freedom of the press as to the he same data Tl TIis ls congress has no power to do The freedom of ot the press me means ns the right to print whatever anyone may may lawfully say gay Neither can be restricted whether the other is permitted Quoting the first amendment to the constitution which declares that congress shall make no law C C S abridging the freedom of ot speech or of ot the press Baker discussed discussed discussed dis dis- dis- dis cussed involving the right I of free speech and press arising In Inthe Inthe inthe the sedition and espionage acts and andIn andin andin in libel and contempt cases esThe es The sedition laws law he said paid were never tested In court they are re conceded conceded conceded con con- ceded to have been unconstitutional REGARDING CENSORSHIP The espionage acts have been applied to the extent that they penalize language whiCh excites crime thus making the speaker or printer an accessory or an alder aider and abettor r of criminal conduct In libel cases t those ose who print like those who speak are held re responsible responsible responsible re- re for tor the consequences of ot otheir their heir acts but no attempt Is made madeI I at imposing censorship In advance or requiring license In the contempt contempt contempt con con- tempt cases other principles are Involved which are well known limitations urn lim on all aU conduct but donot concern us here Nowhere in the literature of ot our law can there be found a legislative attempt to separate speech and press In the matter of freedom and no such att attempt could or should succeed 0 CONGRESS MAY WEIGH Congress has complete discretion to determine whether or not se secrecy secrecy secrecy se- se crecy shall be preserved as to any of the facts In Its tax policy The protection of ot the revenue the en encouragement encouragement encouragement en- en of complete disclosure as to taxable p op r. r the pronto pronto- I tion of business bustness ar are are alk which congress congress ar 1 But when congre congre has 1 decided that the collector shall p publish bUsh a a. a fact I i Is Incompetent to prohibit the publication of the same fact tact by bythe bythe i the press |