The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-07-20

lion OF malice. by showing
the question: Should this matter have
from the slime whereof the memory
OF man runpeth not 10 ths contrary"
in all the States, have held that 70 be
privileged the proceeding must have
been not only judicial or legislative,
but il must not have been prelimi-
nary, ex parie and secretly con-
icted.
Before that committee Wren was
not allowed TO appear and be con
fronted with his Gccusers and cross
examine them; nor could he there pro
duee witnesses in rebuttal Of the owl
dence sdduced against himself. the
proceedings were ex parte and secreI
and the inquisition was solely In De-
half Of the prosecution. Now. sup
pose A., actusted by malice, should
write the county attorney q long letter
in which he accuses B., an honest cit.
izen, of crime Of which he IL inno-
cent, and before B. has an opportd-
nifty OF explaining; before be "a
confronted with A, his accuseT, aud
cross-exsmine him, and introduce ev-
idence in rebuttal, some newspaper
were TO publish the letter, and thus
bring 4 into disrepute, piejudicinz
him whom the law still presumes TO
be innocent and poisoning the course
of Justice would this be justice to-
ward A? Should the strong arm OF
the law, which stands living pledge
TO protect every man IN his good
name, deny A redress? II so, ths
liberty Of the citizen and no; the lib
erty OF the press is abridged; and the
press, designed 70 Subserve citizen sud
civilization, becomes an engine Of op-
press'on.
The supposed case does not differ in
principle from Wren's case. That
committee merely acted as an ex pArte
COMMUNICATE 70 the attorney general
Of the existence Of alleged facts upon
which the State could base prosecu-
ton. So with A and the county atior-
ney.
Again, The News did not even make 9
full and complete report Of GIL the ties.
umony taken before the committee,
much of which was unpublished, and
the evidence omitted may have been
favorable 20 Wren; hence, 10 was not
even fair and just exposition Of the
matter. And again, in the language
Of the court, ait may be added that the
joint resolution having required that
an abstract of the land titles effected
by the forgerles should be filed In the
land office, it was nothing more than
Just that the appellants should have
made IL known 10 the pubic that the
titles which Stsncel had swOrn were
forged by Wren did not appear from
1 the abstract 10 have been tainted with
any fraud committed by him" Now
| Stancel swore that Wren forged Ger
tain land titles, but the abstracts OF
title furnished ths attorney general
did not appear - be tainted with
any fraud committed by Wren. Yet
this point, very favorable 10 Wren, the
News did not publish. When this de-
cision is contemplated in the light Of
the facts upon which it is bssed-vhen
contemplated In reference to relative
rights and duties OF citizen and press
when weighed in the scales OF abstract
justice and viewed by unparalleled
reason-hss it not all these 10 COM
mend il 70 the most favorable consid-
ersiions?
Let Us examine briefly the later case
81 The Express Printing Company W.
Copeland, Is Texas Law Review, ssh
Copeland was s candidate for mayor O.
the city q San Antonio during the cant
vass for which the EXPIRES publiShed In
substance that Copeland had been sp-
pointed administrator OF the estate OF
one Alpin and had squanaered large
pSrt thereof. Copeland sued the Rx-
press and recovered judgment iorS@ 80
cu1 On sPpesl the Judgment wss
reversed, The court saying, utter
als; 1t nsv bs asserted as scuca
a-aH
IEo..ty, tEAi when person consents
- become 4 Candidate To- public CT ,.
conferred ~ popular 6-5c.tou. Ee
Should ts cons cred a. putting Lis
chErscssr IN sssle.'so Ia Es rsspscis his
CuAli1 sKtlon ;ct ths Use; then, D.
TIE ls;isr put ishsd i iTus, and such
~ j. justified BY tls occasion, t-ere
could t.s - .soove-T h lie -E-d!-
cste against he - c.ls1e..'
Mach more q his decision might t@
yCc:si - show iAS1 Texas -olrgs are
sufac,s-ilv alive 20 TIE fsci TIA; tbs
l-hsrty q tas press should nj ts "re-
strained further Than il Absolutely
Necessary 20 pr1.ssc. pr.Va.e character
from .E-fshco3 and Azrder Bat
.so1gh Is given % show = generous
-osrAl4ty toward Ire press vhsl p-o-
listing truthful statements which are
proper % os Plsos5 before ihe pU5lie.
4 free yresE must ard wi.l b main.
iGine3 II tais ec1utrT. Tie ma.
'eEktccs o. those IL 'EiEh PAGES
should and can te T. ace known 70 TIE
p1bl.c, ard While TIE u1reSirAired
'rss1cl Q! TIE prets nEs: Re held,
-,resA a. O is -E;A. EaEz .Ae b.
YAK a. he 1907. ga liberties" on the
citer hand tie constitutional night q
he clurs- mus; l5i 10 .osi sight o.
E-4 uuErensin iaviolsis. 7. ". =.