The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-07-20
THE TEXAS LAW OF LIBEL
DOES 1T MENACE AND MuzzLE9
a Reylew of Recent Noted Cases and
Court Decisions Therein, with
Defense OF the so-CAlled
Severe State Statute.

now ue lDioI licA INV tut4N ESA oAtn
make s private trust. of high places.
That libel law was framed TO protect
corrupt officials" Such is the lam
guage Of the Fort Worth Gazette, and
many smaller sheets follow in its
wake.
Such frequent, wholesale denuncia-
ton OF our decisions and statutes upon
this question has led tho writer to an
investigation of the merits and demer-
its of our law as compared with that
of other States, and while an ordinary
newspaper article will not admit an
exhaustive review OF the law OF libel,
vet i hope to show that much Of this
wholesale and indiscriminste abuse Of
the law is wholly unwarranted, and 10
the result Of ignorance OF what the
law Ia.
In the first place, the freedom OF
speech and the liberty of the
press are embedded in and
made a part OF our organic law. Sec.
S Bill OF Rights has this language;
"Every person shall be at liberty 20
speak, write or publish his opinions on
any subject, being responsible FOX the
aUuhC VI NAV 49, Az Jaw
Ehall ever be passed curtsiling the lib
erty of speech or Of the press. In pros
ecutions for the papers investigating
the conduct OF officers or men in pub
lie capacity, or when the matter pub.
lished is proper for public informa-
ton, the truth thereof may be given
in evidence" How can the Fort
Worth Gszette or any other paper,
with any candOr and intelligence, de-
clare that they cannot expose the mis-
conduct OF oficials-snd how dare
they assert the law 10 be a designed
shield 10 protect corrupt officials from
just exposure 10 public gaze? Papers
making these reckless assertions
either know what they are attempting
to talk about, or else they don't know,
and II we accord to them knowledge
of the law we must condemn them for
their utter disregard Of truth and
their palpable Misrepresentation Of
facts. On the other hand, II they are
prating about a law Of which they
know nothing they should inform
themselves before they endesvor TO
inform the public.
We see the consultation permits
every person to speak, write or publish
his opinions on any subjeo., holding
him 70 account for the abuse OF this
priv ege. 1t is to be hoped that the
press will not ask that il be exempt
nom liability incurred by abusing
this privilege.
This privilege is never 70 be cur
tailed. Again this same organic Law
provides that the truth Of the publica.
ton may be given in evidence in three
classes Of eases - follows:
First-When the matters published
rels,s 10 tho conduct Of
public officers; second, when
the matters published relate 10 men in
public capacity; and skiTd, when the
matters published are proper for pub
lie information.
Under the first Gas, tke misconduct
Of of5osrs msy he unveiled % the pub
lie; under the ss,co-d slsss men u any
p1blio csRscisy may be exposed, ard
The third clsts q llpressrE-vs, en-
brsclng t1s pnhlcsi1on Q. a.! matters
which l-s F-C2s- fur he -. .lc -
Know.
II : px;s.: fran ths AK q. CT CT
ESlie Lite -tw i6Ei ths v-b.i5Eucl @
DEI1ers proper Gn5 ElilEble 10r public
rnforr11i2a-- whsa re matters pub
Elshe1 SIC i-ls, W. -. s-IA.. -lStlLlIy
Cpon TIE party mailing tie putleE-
Eua- Lls ErsAi Tru1t.s, EFsrthsrd,
n DuEl cEtas, u tie Z1-Lia q ,ss
p-tl2aXLuz. Tie ease q; a. z Bslo 4
o. IA ]. l. WE. Is -sIEs Law Rs-
po-ts-, IS .Ls been he T1t.sci @.
mach l11EvC-Itls comment ty
H1Ds TezKz et-ic-s Is -ds
bang 2s law - = AZ, not;
n c-1s1rK-cs viii 1sice
rsEs.- X11 ar.lDc1 Es-E= We
shkll sss- :. lhEi oLst tvs s-5 lzi
rwo, Ee1.tE were ss55e5-Srs; q Nsieh
~Ek sAEi TIE ulf1-5ti Cu1fi o Travis
Cuu-iy La J-:lE-3cuoa. his oc.c-E-
Ea1 WEs ARMED A. froD lie ftc: iAsi
Hrs1 rested l. Travis Cuaziy; t.as
ne C'Lvssi11 NsEE was EEl1e-d u ADD
lad E-tsc;l se-s u sXid Travis Comfy.
In ofhtr WCr1s, x Vas Eecl1ec ikEi
EssC.ss Was committed Z Travis
Cc1EIy 40 iAe ttEt-.e p-CYitas TAT
suits Cor cEZEEE csccEk3c-e1 " Gr-e,-
pass MY hs t-u1gsi y lie oozE-T
Ehs-s sDt1 IreEpkss wLs c5DElfisd.
Ar ll!g IL. x : and TIE ca1-l
was confirmed IN itls Cpclion by or
Fsok Cucs valcs r-sT51ss Tia; p.uss-
sutton fc- l-cel --iE XII e had under an
Lar C--clUEiEposs. Il Travis Courfy.
Is this law il mos ceTtKialy - i
= jusis E1ph.ucE-ly yes B sap
posed cEss VII Kui1ce % sTios-us lEs
justice % tie lEE. 4. 3 poor mar.
bit kc-ss,. Eoray ard bonorEhls
AID u god lspute win rs
nesg1bors lives ~ fretsio1s County.
Tie Galveston News, a wealthy cor
PorEilon, with Al o4ce 81
TIE city q Gs.vesio,i so
niles sway, p-tlishss 6efsrrA
tory Dslisr eoccsIniug A. Nov II A.
cannot sue the SeEs IN Ffsestone
County, be i virtually 6euisa any
reneoy tecsuss be e unzlle % 70 70
Galveston and there make usceIsAry
expenditures IL invoking tie courtl
OF jnsilce II LIS bshRL II space would
permit, this ioss could be more fully
expanded, but thinking minds can
readily SEE IN he supposed case that
The STATE has virtually denied the cit
IEsn protection IN his good nAmo, and
i understand the law 20 be that the
government viii project mans repu-
tSnon with the same vigilance As II
will protect ais property. suppose in
the case above stated the News, in
stead Of publishing defSmAtory matter
concerning A, were surrepiiuously 10
take his property Could he Hue in
Freestone County, and ought
he not be allowed 70 do sof Editors
will answer YES.
NHak ~ me NlActcuNe IN NIAlNlpAc
in ones being trespassed upon in his
property and In being cheated OF his
good manner
Yet village quid. nuncs will oontinus
70 pass - current coin their own as
sertions, unaided by reason, and con.
tenn as spurious the opinion OF al
able court, based as IL is upon the
gathered wisdom Of the sges. On
what hath these editors fed that they
have grown 30 greatf But to the Sec
ond point in Belo We. Wren, which Is
this: The alleged libelous matter wa,
not Of 8 privileged character, To prop
erly appreciate the second point IN
BeIo vs.. Wren some OF the facts must
be stated.
The Legislature appointed several
OF their number m committee IN In
vestigste the commission OF oertsir
offenses, ,among them the land iraud'
and forgeries Of land titles, Thl'
committee merely took the state
ments OF witnesses fer tn,
state, not 10 be used IL
aeourt Of Justice, but Ms guide to At
torneys representing the state II