Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-16
AN IMPORTANT DECISION IN LIBEL


The San Francisco Chronicle charged the
San Francisco Bulletin with selling its sup
port and advocacy, for a large sum of
money, to certain corporations The Bul-
letin brought It's action for libel The
Chronicle demurred that the alleged libel
Gus matters were not libclous in fact. That
is to say, it is not imputing to publisher
any vrong-doirg to charge that he makes
merchantable the columns of his editorial
expression. No one was surprised that
such a demurrer was intcrposed. 1t was
characteristic Of the Chronicle 1t did not
phase the sublimity Of its audacity to
charge in one breath that that was no
wrong-doing which the moment before il
had denounced as monstrous infamy The
Chronicle would not he itself if it
did not possess the ability to thus
change countenancc to suit occasions
The Court below sustained the de-
murrer, thus substantially deciding
that for a newspaper to sell it, advocacy is
no more reprehensi5le than for The lawyer
to advocate a cause for hire. The Su-
preme Court, however, takes very differ
ent view Of the matter, and one that will
strike the reader as the supremcly sensible
one-;ndeed il would seem incomprchen-
sible thar by any warping of reason any
other conclusion was ever arrived at. If
newspaper has any value as an influence
whatever, it resides in the confidence it in
spires ~ reason Of the views it advances.
If these are sincere however un;enahle,
the Journal still has therc>pect of the pub
lie, Though it may not concur in its opin-
ions. But to say that an open statement
that q journal advocates 4 certain policy,
because it Is hired to do 50. and not be
cause it believes it to he right course or
that il maintains certain views for pay and
not from unin1ueueed choice, is not LAYING
at it, door charges tending to discredit it
and render it infamous among men, is pre-
posterous and little les, than insulting to
comman intelligence The Supreme Court
saws on this head:
As 4 journal the only relations existing he
tween a newspaper and the pub ic are the Icla-
tons lc, wcen Il and IFS readers outside OF its
readers j has no relations with the public. Ii
Is fair 20 presume that its readers are such he
Cause ct their sympathy or agreement with The
gepcgi. course of lis editorial policy. \ news
paper, as 70 il editorials is, in the main read
becuus i,s readers are in accord with its general
sentiments, and desire 20 be able 10 place conf
dcnc- in is general course They have right
30 presume that il radical change occur, the
charge viii be rom Cunl lotion. and that tar-
dcaiug viii suggest that due notice thereof be
given. 70 the end that they may, If they choose
cease L. remain such. II readers of newspapers
are NJ all honest in their own sentiments. pro
pTictcr- az newspapers osc TO them The duty of
being sincere IL would not be sincere 10 do
that which l. charged IN the article set ont in
the complaint The tendency Of the course
CHARGED would he 20 lessen the confidence OF
readers and thus 10 diminish their number or
chance them rs To character-in either event 1t
might expose the proprietoTs 10 los. We can
not say that il would not expose the proprctorS
OF q newspaper TO the hated. contempt. TidiCule
or obiO1uy of its readers, or would not lnjure
them III their occupation, TO accuse them Of acts
having a tendency to lessen the confidence of
its readers or TO lessen the number OF it, patrons
On the contrary. We think Il would have that
10 illustrate: suppose the proprietoTs of the
(iiN and RR'iCfiR had announced in the columns
Of those papers that they had changed their
coclse ana Vtd HCEv,id'Su d ~, VI ti'''i sscP
port ard advocacy 10 the railroad corporations
named in the complaint. for the sum Of thirty
odd thousand dollars, would such an announce
ment lave exposed the proprietors 20 contempt
or riGieule or have tended to iniure them IN
their occupation? II not, there is no libel in the
article complained Of yea (erd of This there
can be no doubt, the article is foundation for
an action.
The modesty with which the Bulletin re-
ceives the opinion in il favor. and its re-
fnsal to triumph with trumpet and drum
over its dictated rival in its first bout in