OCR Text |
Show BERBER'S PAPER LOSK APPEAL Burleson's Denial of Mail Rights Sustained WASHINGTON. Mafth T. Refusal of lower courta to issue a mandamus requiring Postmastar General Burleson lerIrWIrfllM'"drau1J l1"'' yjlr,! Herxer-e newspaper, was sustained to-day to-day by-the sup rem court. The second class mailing privileges of tha Leader ware withdrawn by Mr. burleson In 1117 on tha ground (hat articles published by it regarding regard-ing the purposes of the United States In entering the war were calculated to Interfere with tha military opera -tlona and war in violation of th plona- act. Th opinion cited numerous excerpts from published articles as showing the Leader's antl-Amerlcan policy and th court condemned theae as falsa" and tending to "dialoyalty." The case was brought on the apparent ap-parent theory, the court said, that thla government la "competent to fight a foreign enemy," Is helpless to "fight an insidious enemy at home." The! opinion of the court was delivered by Associate Justice Clark. Justice Brandeis delivered a dlssentlnv opinion. opin-ion. The question, Brandeis said, "was only whether tha postmaster general had the power he exercised. Neither the not establishing th postal service ser-vice or any other statutes mentioned any auch condition as that imposed by Mr. Burleson." Mr. Brandeis said. |