The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-02-01
MONDAY, FEBRUARY l, 1869.
Libel Suits.

vLiuAls who feel themselves aggrieved by
nsvspaper publications, to institute libel suits,
and among juries to convict publishers on In
sufficient evidence, or to award unjust and
disproportionate damages. People seem prone
forget the old maxim that free press is
q palladium OF liberty, and that in the
United States especially, where free instltu-
tions prevail and public opinion is omuipo-
tsnt, IL "a vitality important that the newspa-
pers should be permitted aud encouraged TO
discuss with unrestricted freedom all matters
appertaining to public meu and public affairs
aud to events of general interest.
In Pennsylvania the freedom of the press is
occurred to a great extent by the following
provision in the State Constitutions
THE printing presses snail be free to every
person who undertakes 20 examine the pro.
90, dipgs of the Legislature or any branch nf
government Aud no Jaw shall ever be m1de
TO restrain the right lhero0f Tue free CO.. N
nnunioation of thought and opinions Is one OF
the invaluable rights of man, aud every
oitizen may freely spe4k, Wrtte, ana print on
ny In Hes for the pu6cs
ton of papers Investigating tue oHtcial con"
duct OF Ginoeps or N 2noS rnnsr for G
Information, the truth thereof may beglVen In
evidence. And In all indtctmenisf0r li6sls tue
fury shall have right 10 determine the law
and the facts, under the direction or the court,
as in other Gases"
This section grants to newspaper publishers
nearly all the privileges they should enjoy,
provided 1t is literally interpreted by courts
and juries. A disposition is sometimes dis
played, however, to violate the spirit If not
ths letter Of this Magma Cbarta of the press.
II villa be seen that in reference to discussions
md In, all at
ter "proper for public information" the
truth may be given in evidence as sufficient
defense against prosecutions for libel. In or
dinary cases this safeguard is sufficient,
bat occasionally matter proper for
public information is published which
proves, on Investigation, to be untrue,
although it was printed in perfectly good
faith, and with full belief in its truthfulness
on the part of the writer and the publisher,
who merely gave currency to prevalent
opinion or report, and that iuries are induced
to convict for libel under these circumstances
mainly on account Of a strained technical
rule TO the effect that "where man publishes
writing which on the face of it is llbellous
the law presumes he does so from that mali
Cious intention which constitutes the ofonse." 3"
This presumption is unwarranted in nine
cases out of ten, and it practically leads to
great injustice.
II ahould either be set aside by positive
legislation, overruled by judges who oompre-
hand the spirit of the age and the character an
requirements Of modern journalism, or treated
with absolute contempt by every intelligen!
Jury. n there ever was any sense or reason
in this diotum, IL was in the infancy of jour-
nalisn, before the labors of local reporters
commenced before telegraphs were invented,
before lightning presses were constructed,
and before the establishment of the
genuine modern newspaper. 1t is
barely possible that the old-time editor
who filed his columns with advertise
ments and an occasional editorial, interspersed
with official documents and carefully cleaned
itsas from his exchanges, and who rarely
Condescended to print local intelligence until
it was week old, or to publish original mat
ter OF any description, except such articles as
promoted the interests of his political party,
aud who had ample time and opportunity to
read and re-read every one of the few lines of
news he furnished to the public-may not
have suffered any accusation to appear in his
oolumns without his deliberate consent, and
without full preparation to prove the
correctness OF his statements or
abide the issue Of prosecution
for libel. But no Judge or jury possessed of a
grain of common sense can fail to perceive the
Injustice and absurdity of the occasional
attempts to fetter modern writer's and pub
fishers with an antiquated presumption. The
publc now demand news Of all kinds and de-
soriptions-from the uttermost ends of the
earth, as well as from every street and court
of the city or town in which they reside-aud
they will be content with nothing less than Q
daily record of all "matter proper for pub
uc information" whether 1t relates tC
occurrences in palaces or novels, ir
courts or Congress; to the latest fire, the
latest fight, or the latest fashion; to murders
or amusements; to political movements or the
man@uvres Of policemen. This omnium ga
Msrun must be collected, written out, put II
type, printed, and distributed at the shortes
possible notice, and under such pressure fol
time that no single individual except th'
proof reader (and in many cases more thar
one proof reader is required) ever reads, before
publication, every line appearing in aoomplet'
modern journal, and he necessarily reads muci
OF the matter mechanically, without caring 10
or endeavoring to comprehend the sense. Th'
Pnehsher generally exercises as close