The Placer herald., 1871-11-25
]. Ii Z L..

There is one law which should be passed
by the next Legislature, and which should
be advocated and supported BY every news
paper in the State; and that is a law COM
pelling every plaintiff in libel suit against
newspaper to deposit the amount in the Court
in which the suit is commenced, or give good
and sufficient bonds for the payment Of all
costs and counsel fees which the defendant
may bc called upon to meet in his defence,
in the event Of the verdict Of the jury being
against the plaintiff. In nine cases out Of
ten. says the Spirit of The Times, the deci-
sicns in newspaper libel suits arcin favor of the
defendants, after they have been compelled
to pay out many hundred dollars in fighting
an action brought against them by some
scallawag, who, having no reputation on
hand, seeks to lay in a stock by suing a
newspaper for libel in very large amount.
Where plaintiff cannot put up an amount
equal to, Or which may approximate the sum
required to make defence, SO as to reim-
burse the defendant in the event Of which
we speak, then he should be debarred the
privilege of seeking redress in the manner
indicated. Nincty-nine per cent of the libel
suits which have marked the newspaper his
tory of the State have been the concoction OF
fifth rate lawyers, who make their fees con-
tingcnt upon the amount recovered from the
press in which some one has been offended,
in struggle to protect the best interests Of
the city or State, and consequently the pros
perity of the people, by the phraseology in
dulged in for the purpose Of proper pre-
sentation of facts. We do not ask any more
immunity for the newspaper fraternity than
that enjoyed by any other class but it has
become the fashion, whenever newspaper
espouses the cause of the public in bold,
courageous and praiaeworthy manner, and in
which some ones name appears in type or by
implication, for the party feeling aggrieved to
rush into the courts and sue the offending
journal for libel, and in an amount which
strikes the general reader with alarm, by
reason of its immensity. 1t is remarkable,
too, that almost every libel suit has been,
and is, based upon articles which have been
published in defence of the city or the people;
in the exposure of malfeasancc in office, or
in warning the community against the acts Of
men who would deliver up the keys Of the
gates at the first demand the bandits on the
outside might make. Where malice is not
the motive inducing severe personal news
paper criticism, there never will be an award
made by jury in favor of a plaintiff and
therefore it is that we urge more strongly the
passage Of law, the character Of which is
indicated in this article. Look at the history
of the New York Times since it commenced
the Hercucan task of breaking up and de-
stroying the nest of vipers and thieves which
had been undermining and destroying New
York for many years, until the Times made
its bold and fearless onslaught upon them.
That paper has not made publication for
months in which, in its battle against the
"Ring" thieves, it has not published an
hundred libels, in accordance with the ethics
of these libel-suit sharps, and yet not sim
gle suit for libel has been entered upon the
calendar, though the libelled have been dared
to an issue of that kind. And why? Sim
py for the reason that the Times has pub
lshed facts--infamous Sc far as the perpe-
traitors are concerned, but crcditable so far as
being in defence of the city, its prosperity,
its rights and inheritance, and as protection
to her people. The Times, as a real bulwark
of defence to The community in which it is
located has taken stand which should be a
beacon of light to the press throughout the
world and the people Of the city of New
York, in rallyns to its countcnancc and sup
port as they have, should serve as an incen-
tive to other communities having newspaper
press high minded, honest and bold enough
to fight for their interests, though at heavy
cost and detriment to those conducting it,
Let the law to which VIC allude be passed by
the next Legislature; and while its provisions
will give the press no greater license than it
now enjoys, there will be barrier raised
against the commencement of annoying and
expensive libel suits on the part Of irrespon-
sible and characterless men.
BALL AT AUBURN On the 30th of this month
says the Grass Valley Union, there is to be fancy
dress ball at Auburn. The Auburn people are in
the habit of getting up the most pleasant social
entertainments to be found in California. On
Thanksgiving day. our boss says, the ball will be
worth attending as there are more pretty girls in
and around Auburn who will be there than can
be found elsewhere, Grass Valley excepted. The
music at Auburn will be under the direction Of
Mr.. Dewey of this place.
The Vuiou il correct. and this will doubt