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of decency and good taste are not abrogated. It is just as well, however, that this rule is not capable of explicit statement; papers ought to continue to differ as to what "social policy" prohibits and as to what complete frankness demands.

ADVERTISING AND CIRCULATION

Section VII, "Advertising and Circulation" (page 286), does not adopt the policy widely advertised by some Eastern publications of guaranteeing every statement made and every article offered in the advertising pages. Such a rule implies vast facilities for investigation. It does promise, however, that all matter will be barred which the publisher believes harmful or intended to deceive.

A recent questionnaire sent out by the School of Journalism revealed that

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medicines to be taken internally; some exclude cigarettes and one or two, all forms of tobacco. Many stated that they took no advertising which they believed fraudulent or harmful-the rule since enacted into the code. These facts illustrate some of the difficulties that await the future author of a code which shall be explicit as to practices and which will not, like the Oregon Code, rest content with principles. There are mining and oil prospects which by reason of their location and management are good speculative investments; there are some internal remedies which-while they may work evil by postponing the needed visit to the doctor are useful and harmless; and many think tobacco is one of the blessings bestowed upon man by a kindly Providence.

But conscience is alive in the newspaper profession; the writer knows many, many newspapers which sacrifice and have sacrificed profits to principle; and the establishment of a code is a step in the already active mobilization of the constructive ethical forces in journalism.

The Practice of the Kansas Code of Ethics for

Newspapers

By ALFRED G. HILL

Lawrence, Kansas, sometime reporter on certain Kansas daily papers and on the Public Ledger of Philadelphia

THE

HE "Code of Ethics for Newspapers" was adopted by the Kansas Editorial Association March 8, 1910, thus making it one of the earliest, if not the earliest code of its kind adopted by a state association. The Code was largely the individual work of the late W. E. Miller, a country editor living at St. Marys, Kansas. It represented years of thought and

much work on the part of Mr. Miller, whose interest continued until his death two years ago, and who followed closely the gradual advance made in newspaper standards.

An important contribution of the Kansas Code outside of the state has been the stimulating of other state associations and organizations to adopt codes which are beneficial, to say the

least. In this article, the Kansas Code, which is still presumably the standard for Kansas publications, will be considered by sections in relationship to its effect on Kansas newspapers after twelve years.

As an early code there are necessarily imperfections, and it is significant that in a number of cases present accepted standards have advanced beyond the standards outlined by Mr. Miller in 1910. Miss Ruth Armstrong, a graduate in the University of Kansas Department of Journalism, who is preparing her thesis on "The Ethical Responsibility of the Newspaper," states, however, that the Kansas Code is more comprehensive than many of the codes adopted by other state editorial associations since 1910. The writer is indebted to Miss Armstrong for much information on which comment regarding the Kansas Code is based.

As interesting as the Kansas Code, is the discussion and argument printed by Mr. Miller at the time of the Code's adoption. Mr. Miller saw in the efforts then being made in Congress to restrict postal rights of newspapers, an indication that newspapers were guilty of offenses against public interest. He outlined these offenses under three headings: (1) influencing reports to serve the interest of larger advertisers; (2) influencing reports to serve political ambitions; and (3) offenses against the sensibilities of more enlightened people while influencing the reports to sate the morbid appetite of those less enlightened.

Mr. Miller called attention to the presidential message of George Washington advocating the transmission of newspapers and periodicals through the mails free of postage. Washington held that such publications were public utilities "because they were calculated to preserve the liberty,

stimulate the industry, and meliorate the morals of an enlightened and free people."

"The sensational journalism and large advertising interests of today were unknown then," Mr. Miller said. "The former does not meliorate the morals of the people, and the latter does not tend to the preservation of their liberties." Mr. Miller urged that the postal restrictions were the natural result of newspaper policies that tended away from public interest. He advocated self-control of newspapers by the publishers themselves along the right lines to prevent governmental restrictions. The Code was offered as a standard of guidance.

"I do not anticipate that such a code would be practised to the letter," Mr. Miller explained. "In our case we have no power of enforcement and want none.

"We might have a state board of press discipline whose members are selected by this association, and who are empowered by statute to hear complaints and try offenders, but such a board is, like legal or postal interference, subject to very serious objections. We would better obtain the desired results by recommending that our state department of journalism imitate the example of that famous institution, Fordham University, which was the first law school in the land to offer a course in professional ethics, and urge that our University school take advantage of its fine facilities and offer a course in newspaper ethics.”

Since that time, newspaper ethics has become a regular subject in the Department of Journalism of the University of Kansas in the course, "Newspaper Problems and Policies."

The Kansas Code is in two general divisions: first, for the publisher; second, for the editor. Under the heading, "For the Publisher," there

are four general headings to cover advertising, circulation, estimating (every small Kansas newspaper office has its job shop), and news (news under this heading being considered from the publisher's standpoint). The code for the editor is briefer and deals largely with the presentation of the views of the editor. The Code will be given in full with discussion of its effect and actual practice following each general division:

FOR THE PUBLISHER

IN ADVERTISING

Definition. Advertising is news, or views, of a business or professional enterprise which leads directly to its profits or increased business.

News of the industrial or commercial development of an institution which in no way has a specific bearing upon the merits of its products is not advertising.

Beside news which leads to a profit, advertising also includes communications and reports, cards of thanks, etc., over the space of which the editor has no control. Charges for the latter become more in the nature of a penalty to restrict their publication.

Responsibility. The authorship of an advertisement should be so plainly stated in the context or at the end that it could not avoid catching the attention of the reader before he has left the matter.

Unsigned advertisements in the news columns should either be preceded or followed by the word "advertisement" or its abbreviation.

We hold that the publisher in no degree be held responsible for the statement of fact or opinion found in an advertisement.

Freedom of Space. We hold the right of the publisher to become a broker in land, loan, rental and mercantile transactions through his want and advertising columns and condemn any movement of those following such lines to restrict this right of the publisher to the free sale of his space for the

purpose of bringing buyer and seller together.

This shall not be construed to warrant the publisher as such in handling the details, terms, etc., of the trade, but merely in safeguarding his freedom in selling his space to bring the buyer and seller together, leaving the bargaining to the principals.

Our advertising is to bring together the buyer and the seller, and we are not concerned whether it is paid for and ordered by the producer, the consumer or a middleman.

Acceding to any other desires on the part of traders is knocking the foundations out from under the advertising business-the freedom of space. We hold that the freedom of space (where the payment is not a question) should only be restricted by the moral decency of the advertising matter.

We hold that the freedom of space denies us the right to sign any contract with a firm which contains any restriction against the wording of the copy which we may receive from any other firm, even to the mentioning of the goods of the first firm by name.

Compensation. We condemn the signing of contracts carrying with them the publication of any amount of free reading matter.

We condemn the acceptance of any exchange articles, trade checks, or courtesies in payment for advertising, holding that all advertising should be paid for in cash.

We condemn the giving of secret rebates upon the established advertis-· ing rate as published.

Rates. All advertising rates should be on a unit per thousand basis and all advertisers are entitled to a full knowledge of the circulation, not only of the quantity but also of the distribution. Statements of circulation should show the number of bona fide subscribers, the number of exchanges, the number of complimentaries, and the number sold to newsdealers, and if possible the locality of distribution, in a general way.

Position. Position contracts should

be charged a fixed percentage above the established rate of the paper, and no contracts should be signed wherein a failure to give the position required results in a greater reduction from the established rate than the position premium is greater than the established rate.

Comparison. We consider it beneath the dignity of a publisher to place in his columns statements which make invidious comparisons between the amount of advertising carried or the circulation of his paper and that of his competitor.

Press Agents and Unpaid Advertising. The specific trade name of an article of commerce, or the name of a merchant, manufacturer or professional man WITH REFERENCE to his wares, products,

or labors should not be mentioned in a pure news story.

We condemn as against moral decency the publication of any advertisement which will OBVIOUSLY lead to any form of retrogression, such as private medical personals, indecent massage parlor advertisements, private matrimonial advertisements, physician's or hospital's advertisement for the care of private diseases, which carry in them any descriptive or suggestive matter of the same.

Under the "responsibility for advertisements," the Code discusses two important phases: First, there is the matter of unsigned advertisements. The Code declares unqualifiedly that any matter for which payment is made, shall be clearly marked as such.

It is notable that there is no limitation as to distinction in typography for advertisements from news. Mr. Miller in his printed article says: "I have no objection to practically any method's being used by the advertiser to induce the reader to read his advertisement, provided the reader learns before he is through that it is an advertisement." Many Kansas editors believe that there is distinct room for argument on this point. Also, it must be admitted

that newspapers in some instances are careless in meeting the present legal requirements that advertisements be plainly marked or distinguished from this carelessness is becoming less unpaid matter. On the other hand,

noticeable and there can be no doubt of the attitude of disapproval of the practice of former years of carrying "paid readers" as news matter.

The second phase of responsibilities considered by the Code exonerates the publisher from any degree of responsibility for statements in the advertisements. Since 1910 such publications as Good Housekeeping, the New York Tribune and others have assumed responsibility for statements in their advertisements, and it has been stated by representatives of these publications that the practice of assuming such responsibility has been good business from a practical standpoint. The natural conclusion is that a distinct step may be taken in advance of the Kansas Code in regard to responsibility. In Kansas, no papers, as far as the writer knows, so obligate themselves.

news

The plank concerning "freedom of space" has more to do with the problems coming before a small-town editor. It is noted that the only limitation which the Code assumes as to freedom of space is that of moral decency in the advertising matter.

"In the case of many questionable speculative propositions there may be objection to this interpretation of the freedom of space," Mr. Miller states. "Upon these I hold that the freedom of space demands that we take the money, print the advertisement, but see that the copy is so worded that the responsibility rests entirely with the promoter. promoter. We do not run speculative assurity associations to protect people from their misjudgments," he concludes.

This statement is open to vigorous attack. It is notable that very few Kansas newspapers publish advertisements for wild-cat oil companies, mining concerns, and the like. Recently a Kansas City newspaper of the lurid type has devoted a section to speculative advertisements of doubtful nature, but the disapproval of a number of Kansas editors of such advertisements has been stated publicly. Kansas was the pioneer in "blue sky" legislation. The State Board passes on the right of promoters to sell stock in the state and the recommendations of this board afford guidance for newspapers in acceptance and rejection of advertisements of speculative nature.

A "touchy" case in regard to compensation for advertising is taken up in condemnation of the giving of secret rebates. In the past decade the small-town newspaper has made great advancement in more businesslike conduct of its business. No longer is the editor who is willing to accept potatoes for subscriptions considered in good standing by his associates. Another effect of the more businesslike methods has been the standardization of rates. The giving of secret rebates (which newspapers condemn so vigorously on the part of railroads) has been lessened. The writer has personal knowledge that this practice is continued to a limited extent by some reputable newspapers, especially where competition is severe and publishers are anxious to make a showing in advertisements.

The condemning of advertisements of doubtful decency is natural, and it is in this phase of advertising that probably the greatest advance has been made since the publishing of the Kansas Code. The so-called aristocracy of Kansas newspaper men, which makes up the most of the

Kansas State Editorial Association, has contempt for the newspapers that publish doubtful advertisements and it must be admitted that an important reason for advancement in this line has been legal restriction.

FOR THE PUBLISHER

IN CIRCULATION

list of first-hand readers of a publicaDefinition. Circulation is the entire tion and comprises the paid readers, complimentary readers, exchange readers, and advertising readers.

Compensation. Subscriptions should be solicited and received only on a basis of cash consideration, the paper and its payment being the only elements to the transaction.

Newsdealers. The purchase of a quantity of papers should be made outright, allowing for no return of unsold copies.

Gambling. We condemn the practise of securing subscriptions through the sale or gift of chances.

Complimentaries.

Complimentary copies should not be sent to doctors, lawyers, ministers, postal clerks, police or court officials for news or mailing privileges.

Since the publication of the Kansas Code, the federal government has been putting into effect restrictions against unlimited complimentaries and delayed payments of subscriptions. The same advance in business methods that has taken place in newspapers of recent years, has cut down the complimentary copy evil, also, and limited investigation by the writer has failed to reveal any newspapers that had officials on its free list in return for special privileges. An exception to this statement must be made in regard to postal clerks.

There is a special importance attached to the statement in the Code that subscriptions should be solicited and received only for cash and that the

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