The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-07-19
Movement for an Honest Libel
Law.
rom the Galveston News.

From the Galveston News.
II ia not often that the newspapers
resort to the boycott, but they sometimes
do SO, or come as near doing so as posi-
bile. An instance of this kind has Just
come to a head in Michigan, when the
editors in that state, at the annual meet
ing of the state press association, nearly
700 newspapers being represented, re-
solved to support no candidate for the
legislature of that state who will not
pledge himself to vote for amendments to
the existing libel law which shall cover the
following points:
First-The fact of publication shall not in itself
create the presumption of malice.
Seco, d-The word malice shall be restricted TO
its plain common a3d obvious meaning, and shall
cease to be the cover and ambush of |, gal fctons
1hird-Nali g, in sense of a desire or design
to commit injury, shall be proved or probable
ground for its Xieteuce established by evidence
before any question of exemplary damage will lie
Fourth-When "malice" IL not proved by the
plaintiff no damages other than actual damages
shall be assessed.
Fifth-The plaintiff shall give security for COSTS
SiXth-Whenever verdict of acquittal or YER
dict for nominal amages is rende ed, the plaintiff
shall pay all costs, with ttoTney fee.
Seventh-No action for libel shall be gu tanned
unless the plaintiff has fret made demand upon
the publisher for correction of the alleged libel
Gus publication
Eighth-In any action for libel only actual dam
ages shall be recover d, providing the publication
was due to misapprehenson Of the facts, and the
publisher rs soon as possible after learning of its
falsity, makes full and fair correction.
The immediate Cause for the stand
taken by the Michigan editors who have
long suffered, as have their brethren in
other states, from the blackmailing pro-
cesses of worthless persons backed up by
legal vultures. who incite and encourage
them in their schemes, was tho exposure
made in the Detroit libel suit already
noticed by the News. A libel suit was
filed against the Detroit Journal month
or two ago, but WAS abandoned almost be-
fore it got under Roadway by the plaintiff
without consulting his attorney, thus
leaving his lawyer without case or client
This enrsged the attorney, and resented
such treatment by soundly abusing
his late client. The client in
turn became angry and exposed
the lawyer, showing that there was a CON
spiracy between them "to work the case
for all it was worth" and then divide what
damages" they might get out of the jour
nal. The exposure was complete, and i'll
volved not only the lawyer who had under
taken the case, but five other lawyers of
Detroit who had offered their services on
the same terms. Not only this, but the
damaged" individual stated in court that
he did not consider that he had been i'll
treated until the lawyers hocked about
him and showed that such was the case,
and that there was money for all con-
cerned in prosecuting the case. The
lawyer in this case may have been broken
from the bar, but if such was the case only
minute portion of the proper remedy has
been applied. He WAS punished, if
punished at all, for being found
out, while as the law now stands there is
nothing to deter the other five legal lights
from proceeding in the same line, cover
| ing up their tracks better and escaping
scot free with their gains. The only
remedy is the radical one proposed by the
Michigan Press assooiation-the removal
of temptation from the paths of Cheap
John gentlemen who apply greenbacks to
invisible wounds of invisible honor, and
from the vampires who disgrace the law
by turning it into an engine of persecu-
ton and extortion. The demands of the
Michigan Press association are reasonable
and just, and it is sincerely to be hoped
their efforts may prove successful, and
that their example will be followed by the
newspaper associations of other states.