Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-01-29

! Will SItdlSI NtlllSGl W Vic pei collul llDcl
ty of the citizen, and in turn to the stabil-
lty Of free institutions, than that for the
definition and punishment OF libel.
That this bill is retrogressive rather
than progressive, as all legislation should
be, and that in marked degree, is evil
dent in the fact that the range of offenses
to which the truth may be plead in JUS
| titiatiOn is limited to four, as in section -,
| thus leaving vast range, ''all others, in
fact, not specified, in which practically
mere allegation will amount to proof,
mere accusation to conviction, and the
accused, no matter how justifable and
truthful his statement or publication may
have been, is by this bill struck dumb be-
fore his accuser, and subject to fine and
| imprisonment as the veriest criminal.
1t would be difficult to conceive of a more
radical or miSchievous departure from the
beneticent system Of common and statute
| law on this subject that has grown up
with and illustrated the development and
progress OF enlightened American juris-
prudence.
1t nullifes and makes OF no avail the
long continued labors of courts and legis-
latures, to get above and beyond the die
|
| the libel, " in that the range of cases in
which the truth may be shown in justiIi-
cation is reduced as to amount practically
to absolute denial.
1t is repugnant to the constitution Of
the United States, which prohibits the
| imposition OF excessive fines and the in
fiction of cruel and ACCOMPLISHMENTS.
BY raising alleged otfenses that are not
even misdemeanors under the common
law, to the grade OF high crimes, and in
tlictng therefor fines and imprisonments
corresponding to the latter, and out OF all
proportion to the real gravity OF the Of
lenses, it clearly transcends the spirit
and intent OF the Introduction OF the con-
| stitution.
Section re-enacts and paraphases the
dogma of the dark ages, "the greater the
truth the greater the libel" by declaring
in effect that the more perfect the carl
cature the more libelous it becomes, and
thus the more obnoxious to the penalties
of the law.
| While pretending to remit the finding
OF penalties to the court and jury, it limits
their jurisdiction by broadening the con-
structon of libel and taking from them
the right to knowledge of the truth in
justification, and practically commanding
a verdict of guilt.
No matter how harmless q derogatory
wrongful statement may be, and though
no proof OF evil design be made, malicious
intent to injure is to be presumed, and
the penalties OF libel attach.
These are some of the changes pro-
posed in this bill to be made in the law
of libel. 1t is manifest that they are not
proposed in the interest Of popular liberty,
human right, or good government
The law of libel is so well settled that,
it is respectfully suggested it would only
be mischievous to disturb it by such crude
legislation as is proposed in this bill. But
it is in its operation and effect with
respect to the public press, that this bill
is especially Objectionable.
1t is something more than an aphorism,
that free speech and free press consti-
tute the palladium of our liberties. No
people can long be free or deserves to be
free, that permits its press to be muzzled
by legislative enactment. 1t is only the
conspirator and the wrong does that has
reason to fear the freedom of the press
The press may, and as history has shown,
matter so do practically the people under
its inspiration, but never from vindictive
or vicious motives. A mistake is not al
ways crime. The surest and safest
method whereby to secure an impartial
independent press, which shall ever be
the watchful guardian of the public in
terests and the faithful conservator of the
| public good, is to leave it where it is-un-
shackled by fretful, technical and absurd
restrictions and annoying pains and pen
atties-to do its perfect work in elucidat-
ing and illustrating the utility and glory
of the American press, free to praise and
free to responsible only for the
abuse OF that privilege"
When the American people shall have
come to tolerate an imperial censorship of
the press, the incipient conditions of
which it is proposed to establish in Sec. 10
especially OF this bill, long step will have
been taken toward condition of revolu-
tionary decadence. There is greater dam
ger from too much repression than from
too much license. Public opinion, not
restrictive legislation, is the great and
safest censor under free government, and
the press has been not inaptly termed the
handmade of public opinion.
The press of America far exceeds that
of all the world in the number of its es-
adjustments, in the extent OF its circula-
ton, in the capital invested and in it's in
tluence upon public affairs. Our laws
have been uniformly liberal and promo
tive of its expansion and usefulness. Its
voice has been uniformly for progress and
elevation, for the punishment of wrong
doing and the promotion and encourage
ment OF good works, and for the stimula-
of great enterprises of every character that
illustrates the grandest features of human
life and human effort well directed. The
exceptions to this are so few that they
but prove this rule.
1t is largely the American press, under
the stimulus OF a degree of liberty checked
by responsibility that no statute law
can impose or measure that has made
these things possible-that has exploited
the realms of nature, OF physics, of poll
tics, and of society in their broadcast sense
and established development here that
has made every American cosmopolitan
and instituted the irresistible forces of
revolution and new political life in every
nation on earth.
The despotiC rulers of Europe and Asia
hate it, for it is their implacabe enemy
The political schemer hates it for it is
sure to bring his schemes to light and
him to disgrace. The criminal hates it,
for it is worse than sleuth hound upon
his track. The willfully ignorant man
hates it, for it shames his ignorance. All
men who live otherwise than in the broad
open light of day, and are ashamed that
the world may know of their acts, hate
the press and pray for libel laws like this.
Mr.. Catron moved that the council re-
consider the vote by which the bill passed.