Telegram-herald., 1889-11-23

We had occasion a few days since 20
notice the somewhat strange fact that
the New York Court OF Appeals had
found new element in that anoms-
lous compound which We denominate
law, that IS % say, mOdicum Of com
mon sense. We are now forcibly re-
minded, however, that the element OF
nonsense Is largely IN the ascendant.
The.reminder comes from Judge Groves
decision handed down yesterday IN the
Belknap- Ball case.
We DO not question the Honorable
Judges uprghtness and learning, but
We submit that 10 IS possible for men of
equal uprightness and learning 10 come
10 different conclusions, and as for our
self, we DO not hesitate to say-revers-
ing one of Webster's sayings-if this Is
Law, Il ought not to be. Ii the author
tiles cited DO sustain the proposition
that IAN editor of a newspaper, or any
other citizen, has a right TO publish in a
newspaper any allegation, true or faLss
with good or malicious motives, It mat
tiers not which, IN reference TO the
physical or mental qualifications
of candidate for any office
IN the gift OF the people" then We say
that such authorities are a shame and
disgrace 10 the law books of an en-
lghtened nation, and that any editor
who viii shield himself under them
from the cOnsequ ences of his unprin-
cipIed fa.sehoods 5 a still greater shame
and disgrace to the honorable profes-
SION 10 which he belongs. The best
and noblcst citizens of both parties
deem It one Of the greatest curses Of
our politics that candidates for office
are vhfed and abused. and many Of
them absolutely refuse 20 run for Office
on that account. Then why should the
i1vs of a decent people sanction and
protect that which decency itself re-
bukes7
We can see the justice in permitting
the publication Of the ir,tA. for that en-
abies the people 70 make fair choice
between candidates, but when the peO-
pie say, under the solemn sanction Of
law, that a lying. unprlncipled editor
may deceive them and grossly lead
them astray n the performance Of one
Of their most sacred duties, then We
say that 10 IS time that the people
themselves were taught a grain of com
mon sense. But We can not believe
that the American people have sunk So
low as 20 offer a premium for lying and
deception. We have more faith I'm
them. There Is n grave mistake some
where
The Judge says; "In the case at bar
the publications charge no crime, mis-
demeanor. nor any kind Of wrong or
misconduct. They contain no imputa-
ton upon the moral character all Of
which IS granted. Then he continues
eff hbelous az al. 70 must be be-
cause Of their tendency to expose the
plaintiff to public hatred. contempt or
rdicuie. for they do not fa.i within any
other branch of the rule of our Su.
premc Court. stated I'm People vs. Jc.
rome. VIZ. where there IA no mpu.a-
ton upOn the moral character, nc
words of rdcu.e or contempt, and
nothing which can affect the party
reputation iu life. Il is no lbel.'" Here
IS just where the Judge as an exponent
of law. and tbe ordinary citizen ss az
exponent of common sense. begin 70
divsrge If che publication Of grossly
ilhterats specimen of Eng ish compos
tCu, III An imitation of his hand writ
ing and over a facsimile Of his signs
ture did not have tendency e. ex
pose Mr Be1Srap en- contempt or rd
cule, we can uot rmagine anything tnaf
would And that contemps ard rd.cui
would Be- great IN proportion 70 th0
d'gr ty ard responsibility Of the o.hc'
he sought.
The publications. fors0oth, "ha.
re reference TO any profession, trad.
Cr occupation or employment 0
ths plaintiff. but 20 his csnddac-
for cffce So the people az
such fools az ask decent citizens 70 re
present thsra I'M Congress, vhich ncces
sarlv includes pror csnd dacy for th.
ofhce, and then not only WI rot pro
fors -,~..f. --4------ r...-. -~---~ - 80