The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-04-29
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Libel suits are generally regarded as de-
vice for the persecution of newspapers they
should be held wise provision for their
protection. We dissent from the declaration
of a prominent editor, the other day, when an
acquaintance claimed his congratulations on
the recovery of substantial verdict for
wanton slander, ''Oh you know newspapers
are all opposed to libel suits. The Tribune
is not opposed to libel suits; it is in favor of
them. It heartily wishes there were ten
times as many of them; that the laws delays
might be lessened, the process of forcing
verdict simplifed, the probability of heavy
damages for clear malicious libel increased
hundred fold. In short, the Tribune is not
in favor of slander; wants no immunity for
slander longs for the day when the impunity
wherein so many other papers riot, to the
disgrace of journalism and the incalculable
reduction of its power, shall be summarily
ended, by short, sharp justice, impsrtially
and relentlessly administered.
Here is the case of Mr.. Z. l.. Sanderson, of
Brooklyn, against whom this libel was printed
in the Sunday Mercury, in the autumn of
1867
"Elnathan L. sanderson, extra radical candidate
for Assembly from the Third, Fourth, Fifth, and
Eleventh wards OF Brooklyn, did good thing In his
sober moments in the way OF collecting soldiers
claims against the Government for fearful per-
centage. The blood money he got from the Boys In
Blue in this way is supposed to be big thing, aud
may elect him to the Assembly on the loyal ticket
against him."
It was not till this month of April, 1871,
that, three or four days ago, Mr.. Sanderson
was finally able to secure from the court of
last resort q judgment for five thousand dol
lars damages for this wanton libel, the means
for determining the falsity of which were in
the possession of the editor when he reck-
lessly sent it out. A verdict was obtained in
the Kings County Court. The case was ap-
pealed to the General Term, and the judg-
ment of the Court below was there affirmed.
The case was then carried to the Court of
Appeals, where the judgment was again re-
affirmed, and Mr.. Sanderson was given, after
three and half years of vexatious litigation,
his order on responsible men for his five
thousand dollars.
Now whs does not see that it would have
been better for the cause of honest, reputable
journalism, if the damages had been made
twice as heavy, and awarded five times as
soon? We have looked through the copy Of
the paper in which this libel was printed, and
do not doubt that that identical sheet con-
tains dozen others as gross and malicious.
But there was only one of the victims uniting
the means and courage to prosecute with the
pertinacity to fight through three courts and
three and a half years for his verdict. Sup
pose the others had been ready to do the
same, and the verdicts had been irrevocably
rendered in each case within six months, can
it be doubted that the Sunday Mercury would
thenceforth have thought it profitable to in
dulge more sparingly in wholesale slander-
that q swarm of lesser organs of personal de-
famation would have taken warning by the
example-that honorable journals would have
gained in repute and influence by this pro-
cess of cauterizing the excrescences of jour
palism?
There are papers in this city that never
print an issue without libel. Sometimes it
II HI l~ok1
of malicious recklessness. In not one case in
a hundred is fair correction ever made A
few angry victims go to the Office, intemper-
ately thrt aten suits, find their threats not un-
naturally met with defiance, and then, re-
membering the cost, interminable delays,
and great uncertainty, abandon the matter;
while the newspaper, accepting this as a
triumph, refuses any explanation, and either
blackens the libel or avoids the subject, as its
estimate of the probability that the victim
may be goaded into an execution of his threat
may dictate. Others ask corrections cour-
teously, and are 80 disgusted at finding these
adroitly put in such guise as to conceal the
fact that there is any correction Cor perhaps
even to make the original libel worse), that
they abandon the matter. The rest, Witness
ing these results, do nothing; but lament the
lawless tyranny OF a licentious press Mean
while the profession is degraded, and the
influence of every honest paper is curtailed.
Angry and wroHged men do not draw fine
distinctions; too many are ready to believe
that an inherent vice of the system which
is really only the depravity of its baser
members.
On many well-meaning journals, too, there
comes reflex influence. Finding slap-dash
personal abuse one of the profitable things in
the market, and the organs of SANDER appa-
rently free to say what they please without
restraint of any kind whatsoever, the wants
of their business and the spirit of competi-
tion gradually draw them into the same cur
rent of miscellaneous libel. Here was repu-
table journal, the other day, so demoralized
as to charge a United States Senator with an
infamous offense without scintilla of evil
dence or even of probability for it, and so
brazen as to refuse correction. On our table
lies another reputable journal with an article
gloating over a story it has wsntonly Invented
that young lady, prominent before the
public, is secretly married, Political malig-
nifty may explain the one; mere goatish love
for prurience the other; but would it not
be better for honorable journalism if both
could be promptly and sharply punished
for their inexcusable offenses against truth
and decency?
We conclude as we began. Libel suits
should be regarded, not as the persecution
but as the protection of journalism The
Tribune is in favor of libel suits, wishes there
were more of them, and that the process of
getting verdicts and collecting damages were
easier. But let us not be misunderstood,
The subjects of real wrong rarely prosecute
for libel, and we wish they would; the trick
sters, the adventurers, the men without cha
Iaeters to damage, are the ones so generally
prompt to seek salves in court for what no
fOr