Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-13
Amending the Libel Law


The right to speak, write and print
one IS thoughts and opinions on any sub
ject is imbedded in the constitution of
Pennsylvania. The abuse of this liberty
brings the offender within the reach of
the law; but it is provided that emo con-
viction shall be had in any prosecution
for the publication of papers relating TO
the official conduct of officers or men in
public capacity or TO any other matter
proper for public investigation or in
formation, where the fact that
such publication was not maliciously
or negligently made shall be
established to the satisfaction of the jury;
and in all indictments for libel the jury
shall have the right to determine the law
and the facts under direction Of the
court, as i'll other cases On this
broad and fair basis of constitutional di-
rection it has been settled in this state by
the decision of the courts that malice
cannot be inferred; it must be proved.
But Representative Fow proposes to put
in the letter Of the law the interpreta-
ton of the courts, and has introduced
the following bill in relation to libel:
Section l. That in actions for libel there shall
be no presumption OF either express, actual or
legal malice from the mere fact of the publica-
ton of the libel, and the burden of proof on the
question of malice shall be on the plaintiff.
Sec. 2. In actions for libel, if there is no proof
of express malice, or the court or jury shall find
that there was no such malice, then no exem-
plary or punitive damages shall be awarded; nor
shall any general damages be awarded that are
not strictly actual or real.
Sec. ,. No action for libel shall be brought or
maintained unless the plaintiff shall, before
bringing suit, request the defendant to publish
retraction of the libel and allow to the defendant
q reasonable time in which to publish
such retraction, and to make such amends
der the circumstances of the case, and
proof of the publication of any such retracton or
correction shall be admissible in evidence under
the general issue the question of the good
faith of the defendant, and in mitigation and
reduction of damages Proof OF the failure or
neglect of the plaintiff to comply with the pro-
visions of this section may be given in evidence
under the general issue in bar of the action.
Sec. 4. 1t shall not be lawful for any attor-
ney at law to bring or conduct any action of
libel for contingent fee, or on any under
standing, express or implied, that he is to re-
ceive any portion, all OF the damages recov-
cred, as compensation for his services; nor shall
any attorney at law advance any money or incur
any liability for the purpose OF defraying the
expenses of the plaintiff in any such action.
Sec. ). All acts or parts of acts inconsistent
with this act are hereby repealed.
a similar bill is pending in the legisla-
ture of Michigan where the condition of
the law of libel makes the need of relief
for publishers peremptory. That section
intended to prevent shyster lawyers from
bringing harassing and frivolous libel
suits would afford needed protection to
publishers that they do not now have.
The Record would be glad to see Mr..
FoW' bill passed