New Orleans Republican., 1873-03-12

cable to the facts presented IL tu4e Cast
About zine O'Clock a. night three OF tour
men came into the defendants onlce much
excited. and one OF them, az ieas- n a state
OF inebration. They complained OF an out
"a re which they s2!G Ed" been committed
against them al CGv!o-..On. anC wanted to
Dvbish card Il relation 20 -. Iney
showed the card 10 tle managing editor,
vino advised them no- :" pylbii-f. =. They
-eyleI that # tie card rae been c!OGgh'
in nv wealthy people, better dressed than
rhey were. there Y"ilG nave been no obJec-
I ION: out because tL+v appeared 20 t'e poor
men their card Wa refused. Ine EDITOR
finally directed the emp.ove having charge
OF the advertising department ." receive
their card. and take their names ami lesL-
Lences. The S;OE-sinaL ot tIe party was
under the lLHreLc" % ..n""T. Inc
advertising tG--o: ir"Fose' % ;lter
The phraseC'og- q. ne cart. winch
lie considered rlccJ:-"'.-. -. his "as
TeheI1ftntlV Jo,""'': - h: re par
tics. who .!sp.-yE".. '.c-.tHE.a, manner,
demanding tla .n-e.' ~ .! 4 card Is i was
presented. ar,, tni- "u- i.ra,jv a-sentei %.
These men We're -,.-:. ~t.ti.-r - tlc en-
Move. 81 tI!- Ctf.e.: 'r".. ."...s' II tne'r
manners. and they ..e-E.:!."t iI'I"!pftoI!F
tn. publication -. -: ...t...t :taIi"'A IL
language inA-e...u. Ia. .l..': ignorance
was IN BeeDrg VII. ~" "t-r".l'"ry. In"
next morning, -c1.. .-ite" =" article "l-
pcared II The p&i~:. :Le r..-I,!ii went 20
The defendants ct.."" % cp:rD.a!n "f the
publication. The proprietor "I the par"r
had known nothing -. !" matter. il cor
junction W III ~. vl..',l.:: !" USc! actlVe
measures 70 .inG. d, parties 10 la! caused
the publication - BE- made. rat at .er strct
earch through Tie ~. o.: ponce "nlct'S mol
one OF them yva-- 80; .cunu. everything
in relation 20 :H"ID .:'neageH ."ttIcRS ana
mythical. One -. -iel. =. .nei The card, ~
ing his residence NJ. ~ !Teucnnen street.
The numbering on 40 houses II French
men street. j. was :ounG. Gtd not run as
high as ii3. and there waI 10 tenement oi
any kind Ia that stree: having tnat mum Oer.
Suit was instituted ny Tie plaintiff ag&!ns.
all the parties. and ry .Le returns OF tie
sheriff, i appeared .ney were no. 70 be
found after due and c,. GENT search and in
curry had been made. /; :lTned out that.
late in the day previou-. and q Il " hours be-
torethey appeared. IN IL" defendants otnce 70
demand the publication o. Their card, they
had been arrested in CarrolltOn tor diso1-
derly conduct, and .aEer before The plalntlTf,
Justice OF tie peace. who had imposed
upon one of them a tiue 0t I'VE dollars.
The defendant ayers II his answer that
when complaint was made 20 him by the
plaintiff that the advertisement was false
and injurious 10 HIN, he caused 20 be IN
serted IN al editorial article ii The Tunes
newspaper an explanation which the plalntltt
accepted as satisfactory. and II vlndlcatlOn
OF himself. AEIs editorial! IS n these
words:
An advertisement. appeared IN the
Times yesterday IL wnlch Judge Perret. OF
jefferson, and the police officers Of Carroll
ton are charged WIKI certain very improper
cOnduc: toward five persons whose names
OFT IA . Ilp VI
are assured by Judge ferge. that there Is
not word Of truth Il tnis carG-that he
and the police officers u CarrOl,t5n were
engaged IN the performance o1 their duties
in preserving peace and order II the cars
where the advertisers were creating q dis
turbance and violating The ordinances OF
the city and the laws Of the State. ItJudge
Perrets statements are correct. the adVer-
tisers in question have assumed response
bi!itv bY their publication winch they have
no right TO eXpec. rs 70 share with them"
The plaintiff by tue publication IN cues.
ton is charged with colnw.Itlty in the com
mission Of = hign criEc. IAe terms used
.dmi. of 10 other construction. iu!S
charge j. shown 20 De !a.sc an"
detamatorv. Malice g therefore i'm
pleG as al Ising iron. ne needless and recK-
less publication .: ne advertisement IL
wantOn dlsregart. 9: .Le rights % o.hers.
The facts certain : show the cU!patie wan'
of a prudent respect for the character and
feelings Of Others wfiicn should be shielded
from ialseho"d and defamation. On the
first preserta-i0n OF he !,belous card the
MANAGING editor. a le states himself. al
vised the parties not - have 4 Published.
This clearly shows NAT he saw the :IPrr-
priety OF its publIoat!on: and vet Le T."iae!
20 the opportunities Of those men and per
mitted IL insertion. AZ. az: which lis .irss
impression and better judgment did ne: a.'-
prove. IL .Le ,.e!-i"e. ci This case much
has been said o! i" liberty ii ,hc press
and OF .hc ligh. OF persons - make known
- the public their w'D:.gs ana grievances.
and il i asserted Is ; ..-.-v - publish pleas
addressed 20 ;'Un..c cvi!.oE asking ;h.,.
Justice DC rendered .rG & wrong .!.c ina
CGmplalLed Ht uE Il. parties who presented.
their card 70 the defendant b. condemned
by The popular cen I:e and dis!aVOg. ihe
press is Sc. pas p .!.rHna. tor The redress
OF wrongs. The liu,r'v Vi 'ne press, We
concete. IS Ste -, ,d'Iluln o. civil Iinefty.
Il - one OF the essentials u q I.ce govern
ment. II = sscTec :l@ht secured ny on.
organic law. Hu. WI. the grant OF the
right is imposed the U.'-a.!on - refrain
from its abuse.
Public journalists. Ike everybody Else.
are held - an observance o: the 3ropri"tle-
%. social life. While tne almost latitude
il accorded 20 :hem IN The discussion -
al subjects. and they mag freely comment
.IDOu the acts and conduct .. men as .nGl.
viduals. 70 say nothing of tie wide expaDse
OF authority 70 speak faithfully and boldly
in the interests OF the people regarding pub
lie measures and questions OF all kinds that
concern 'i.c community at large, -tiil there
i. a imi. beyond which this freedom be-
comes license. Il y upon the confines Of
these that respou s:uil.rv begins. The Jaw
which shields She private character and
reputation Of an !Ertiens!ve person from
the assaults OF caiuiEny and taisehoOt i
founded upon a public sentiment OF greater
power even ,han .ha. OF the free
press. l. forhi.!s .he wan'on violation 81
the sacre!n.ss Of personal character and
good name. In This case 10 pubic need
require! IL. publication oi th1 offensive
card. No public interest vas sUbserved hv
II. No private wTOny was reGresS"i by 4.
and 10 good reason exis.e! 20 suppose here
would be. By. as 'ae resn!- shows. a
wrong was inflicted. A man .: Te1pcCtan.e
character ard coed :"nr.' n .ne con-
mun,ty was Falsely cLat:ed with the
crime .. Tcnterr. an, :he charge
went forth 20 ne world il. the cot
unus OF newspaper aaviL. ar eXtens.V"
circulation. The Defendant alleges 'Hat
70 injury could -e-l'. :" the plaintiff nv
INC IuU!ica'loD 'ci .'.L.t'l %. anu o.fs t.'
reparation made ty Ii. ''!.o;Ia Ial AZ icie he
caused - be inserted N lie .IH,s. ami
which he AYERS the VAIN Il accepted as /.
satisfactory explanation. h. rlai'gIl III may
have been damaged :. character and - nd.
ing in society. ..u., We. n3 unable 70 es.ah
!! IL il nv proo.. Eut we have seen rem
The authorities already referred % ;ha. il
actions o. .i,"i PROOF oi damages = not
necessary /" enah." -" ragty - recover
) An. -: II An. -3''. l q" allegation Nat
,he plaia.i.: accepted 4. e,:Itog:a! article
as satisfaction : not -Jl-... ..iuct. by the e.i-
dencc The terms g: t;e article 40 r";
import AZ. acnuow."a ..u"rr q! tie tals.:T
-: the .har.e mae" u ~ care! -a!r>t II"
vla:n'i.t. o. i. contrary. tAev ~" ya.ti"