Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-06-10
MEMPHIS APPEAL
SUNDAY, =: JUNE 10, 1883.
LIBEL LAMRuIrs


lew weeks since suit was instituted in m
adjoining county against the APPEAL. for
defamation of character, snd damaoes
claimed to the amount of 800 600 The
ofense Of the APPEAL consisted in publish.
ing a special telegram announcing that
gentleman had been arrested for embezzle-
ment, and another dispatch stating that the
charge had been dismissed. We did not
know the party arrested, knew nothing of The
facts published, but relied on the integrity NJ
our correspondent, which has never been
questioned, and who was ready to prove the
truth OF the information he furnished. After
three weeks hectoring gasconade on he art
OF the plaintiff, the suit against the APPEAL
was dismissed, which has been the inyarisble
result OF similar suits, and ia announcing the
termination Of this last, which should never
have been instituted, we avail ourselves of II e
occasion TO cay that the APPEAL il always
ready to repair any injustice done an indi.
Vidual. As rule, libel suits are inspired
more by ayarice than a desire 10 vindicaie
character. The newspaper which makes false
charges against an impregnable character il
injured more than the Individual DETAINED.
HE reputation OF the upright citizen can no
more be damaged by misstatements or even
calumuies than the brightness of the moon
can be dimmed by the wolves that howl at it.
1t is only the vulnerable regulations which
seek the whitewash Of damages for libel
h. 1k.lt L. Il l.
ages the cupidity Of knaves. for az the law
now stands in most OF the States the newspa-
pers csnnot prove, in reduction Of damage,
that the publication was not made from ma
Gcious motives, and that the retrsction OF
correction placed the accuser in higher posi-.
ton than It found him. In other Wordq, q
line OF misstatement cannot be repaired BY s
column Of glowing eulogy upon the accused
The law presumes malice from the fact Of
publication, and no rstractinn-nr correction
can be introduced, in most Of the States, il
evidence for the defendant. In all othel
crimes, malice must be proven by the pro- e
cutioni in libel, although malice is essential
to constitute the crime, it is not admissible
Just, because there are a thousand ways il
which newspaper may be led into the pub
LEGATION Of statements injurious 10 individu
ale, and neither law nor caution will proven
this from being the case. 1t rare
ly occurs where malice enters in
10 the publication, or where tn
publishers are not willing 10 repair the wron
when their attention is called to it. An en-
terPrimng newspaper which has In its en-
ploy many correspondence cannot be pre-
-suEnAtdy coguizant oa-Gl@- tse.h u ever.
item published. No matter how much car
the editor may exercise, he is liable TO aIloi
misstatements to be made, and the tru
test OF the existence or non-existence 0
malice ought to be his Willingness or unwil
linguess TO repair any wrong done to in
dividuals. Libel laws play small part 0
the work for which they were enscted-ihs
Of vindicaiipg private character. To repu
tation really damaged BY a falee publication
q verdict Of few dollars is poor balm
especially ss many yesrs geneEail
siapos between the infection of the woun
and the application OF the remedy. Til
statistics OF libel quits show that out Of
hundred filed more s.,------l:---:---.
on demurrer, about thirty are compromised
before trial, ten reault in a verdict of on
cent and costs, and the remainder Obtain
damages. No good lawyer would be Willirj
10 take q dozen of the average libel suit
and prosecute them to the end for IN
amounts that are ultimately recovered. Al
laws on libels ought to admit proof of tn
absence of malice. As the law exists il
most Of the States, it is a temptation to tn
cupidity Of mercenary men snd 10 VACATION
litigation by brieAess lawyers. 1t is hard t
conceive of publication, dealing in any wa
with mems names or characters, which ma
not be made the basis of suit while malie
il presumed and while proof Of the absenc
of malice ia not admissible. Hence, whe
there is the shadow of a case, publishers sub
NIT to a compromise rather than underg
the expense and hazard Of trial. a com
promise in libel suit means the payment Q
plaintiffs counsel fees by the defendant
This is a novel way Of yiudicating an injure'
reputation, but it is the usual method. Tn
=APPEKB hiss never Poulticsd damaged repu
tation in that way. But it is ever ready b
repair any injustice done an individual
whether be be wealthy and powerful or tn
beggar in his rags