Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-06-28
THE Law OF LIBEL.
vigorous Agitation for Its Revision sug-
YsgSeo.
Rochester Post tx Press.

The P3st-Express recently spoke plain.
ly regarding the prevalence Of frivolous
and speculative libel suits sgslnst rews.
pspers, many Of which are brought III
impecunious lawyers on the theory ths
the defendant will settle for small
amount rather than undertake the fal
greater expense of regular defense
Now other newspapers are discussing the
question. Among them are the New
York Tribune, the Calcsgo News and the
Bufslo Express. The Tribune severely
criticises Wlat it calls "iioel suits for
revenue only" Among other things /!
says:
Where an honorable man has been per-
sistentlY aid Intentionally maligned by s
scurrilous sheet, the circumstances may
be such that his only proper and aVaila-
Bile course to redeem his good n.ma snd
TO stop the mouth of his traducer is to
institute either civil or criminal proceed,
iugs sgsiast him. II the Libel suits
against newspapers were confined to thst
class of cssss there 3ouli be no cause
for complaints on the part Of responsible
publishers. Ii is not the honorable msn
that usually gives trouble as complainant
statement Affecting his character in
sdvertently or beCsuse of false
information is published in newspaper
Of standing, he knows that il the tsct is
properly brought to the publishers .t.en-
ton the latter Will be eager TO set the
matter right before the readers who saw
the first publication. BE knows that hist
is the way, Cad the only wy, in which his
character may be fre sd from the u ust
and That no amount Of muueY
paid sin settlement" can in the slightest
degree better mis- reputation. But s 'cor-
1ection" is the lsst thing that the average
plaintiff in libel suits desires. It's effect
IL too conclusively 70 reduce to merely
nominal figure any damsges TO which he
might otherwise seem entitled. There
fore, ne is sure 10 meet the editor's sug-
ga5tion OF 4 correction If tha mistake with
q iue display Of digcisY aqd contempt.
The Buf4lo EXPRESS declares that "the
law Of libel, when toe strictly construed,
is an agent for hlackmsil FOR the Benefit
# loa-minted lawyers and other lewd
fellows of the baser Sort It is q him
drsnce to the reforming influence Of hon
cradle, Independent newspapers, which
should always be conducted with view
to the public good, fearless OF personal
consequences. II the press Of that de-
scrip!.on were muzzled oy dread Of black.
m9il libel suits, what would be-
come OF the peoples interests
which gre controlled By corrups
ard unworthy men in public
{ fl; ?" In view Of the prevalence Of I'd
iu5tihzbie libel suits the Michigan Press
Association, representing nearly 700 news
papers, has undertaken the work Of Sc
curing revision Of the lsw of libel. 1t
wi.l oppose any candidate for the Legisla-
ture who will rot pledge himself uue-
quivOCSlly for amendments designed 70
cover the following points:
l The tsct Of publication shall not IN
Itself create the presumption Of malice.
The word "mslice" shall De re-
strictsd to its plain, common and obvious
meaning, snd shall cease to be the cover
ard ambush Of legal fiction.
8. Malice, in the sense Of 6 desire or
design to c0mmi. injury, shall be proved
or probable ground for its existence
established by evidence, before suy ques-
ton of exemplary damages will lie.
When "malice" is not proved by the
plaintiff no damages Other than actual
damages shall be assessed.
g. The plaintiff shall give security for
costs.
6 Whenever j verdict Of acquittsl or 8
verdict for noninSl damages 10 rendered
the plsintif shall pay ell costs, with a..
t0rney fee.
Z. No action for libel shsll be sustained
unless the plaintiff has first made de-
msnd upon the publisher for correction
Of the slleged libellous publication.
In any action for libel only actual
damages shall be recovered, providing
the publication was due to i5sppTehen-
sion Of facts and the publisher, SO soon
as possible after lesrripg of it's islsity,
mskeese foil and fair correction.
The Chicago News declares thst the
law of libel is substantially the same in
every state, that it is relic of 6 by gone
century, and thst i. is oadly in need Of
revision. But the News does rot think
the amendments proposed in Michigan
strike st the root OF the matter. 1t says
that the nub Of the abuse lies In the mat
ter OF exemplary damages, and thinks
thst if such damages, which are in the
nature Of fine, were made payable to
the state Instead CT 10 the plaintiff, we
would hear no more Of speculative libel
suits. This idea, 1t seems 10 US, Is s
coed one. Such an amendment would
not lessen the liability ofA newspaper
kctual damsges would, of course, 60 to
the person injured, IS at present, but as
nothing beyond that could be obtained by
the plaintiff, there would be few olibeI
suits for revenue only" Il would be q
good Idea for the newspapers of New
York 10 bagin 81 once vigorous sgita-
ton for & revision Of the libel law on the
statute books Of this state.