Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-02-11

lbITlbUIN VI ANCN 4hChiNoJ
Santa Fe, Feb. II, 1889.
To the Council of the 2sth Legislative Assembly
Gentlemen: | have the honor to re-
turn herewith, to the house in which 1t
originated, council bill No. 1856, an act to
correct an act entitled, San act to define
the of1ense of libel and affix the punish
ment therefor" without executive ap-
proval.
This bill is, in fact, an amendment to
and enlargement OF the libel act recently
passed over the executive disapproval, but
inasmuch as it purports to be but cor
rection of an accidental omission IN that
act, it may properly be treated as an In
tegral provision and portion of that act
an omission now sought to be supplied IN
the form of supplemental act, whereby
the purpose and intent of the original
act is more clearly expressed and defined,
and that purpose and intent is in no
sense the alienation or modification of
the rigors OF the original act, but rather,
and that in somewhat marked degree,
an intensifcation of the vicious condi-
tons in that act sought to be established
for the curbing, if not the absolute sup
preston of free speech and free press, for
| that would be the unacceptable end if the
manifest purpose of that act could be once
established in its full force and effect.
1t is undeniable that this act is primari-
ly aimed at the press, but in the appar-
ent purpose Of its inspiration to exploit
every avenue and device whereby that
object may be more eifectually accom-,
plished it is made to reach and fall upon
and with crushing effect, absolutely inno-
cent and defenseiess parties.
To illustrates statement derogatory
to any citizen of New Mexico may be
published in Il newspaper i'll Il neighbour
ing state. That statement may be eli
ltirely truthful and supported by the
sworn testimony OF well known and rep
utable citizens. Yet the newspaper pub
fishing such derOSatury though truthful
statement, can not he sold over the cOun
tiers of any news dealer in the territory
if the newsdealer is aware OF the pubI
Ication therein OF such statement. Ii hE
clerk, even, shall sell Il copy of suCl
paper, not only such clerk, but his EN-
ployer also, is Liable to all the pains anC
penalties OF libel imposed by this meas
uI6S duI UObll Z 'Slbl l't'i NUN lIpNllI
not only their own innOccnccoi malice o.
intent to libel, but also the truth, or prob
liability of the truth, OF the statement.
Even newspaper publishing thu
lspeech of member of the legislature, il
which that member shall have used op
probrious language toward, or to have
made discreditable or damaging state
ments of any persons, inside or outside
of the legislature, such newspaper is liabl,
to the penalties of libel, no matter wheth
err the statements or the opprobrlou'
language used be true or false.
And then, to illustrate the lack of tina
even handed fairness and courage char
acteristic of the American, and especially
of western American personal intercourse
and controversy, the Originators of thi
measure seem to have studiedly protected
themselves against replication to the
own assaults upon the press and the pri
vate character Of citizens, by providing il
section 20 that "no statements made in
legislative or judicial proceeding, whethe
true or false, although made with inten
to injure and for malicious purposes
comes within the definition of libel.
Thus the inevitable tendency of the &C
will be to discourage public discussion o
men and measures, and thus to put pre-
MUM upon ignorance and serviity.
A letter between two business men,
report rendered to stockholders on tin
private affairs of corporation, or a socia
letter written in confidence, may result in
criminal prosecution involving severe pen
alties and although the defendant shoult
show that he had acted in perfect goo,
faith upon reasonable grounds, he woult
still be liable to fine and Imprisonment
under this act, and his condition is not re
lieved though he may be able to shov
that his statements were in fact true.
When the newspapers discuss the quail
itications of candidates for office, and tn,
official conduct of public officers, tn
matters are Of public interest, as distin
guished from items of news and GOSSIP
which excite mere curiosity. The publ
has right to be informed upon thes,
matters, and they clearly constitute
legitimate field for discussion. The sub
ject which this act disposes of SO sum
marily has been discussed examined an,
considered by some of the ablest Judge
in America and England, and the moderl
cases hold that it would be contrary t,
justice and enlightened policy to max
the editors guilt or innocence Deepen,
merely upon the correctness of his state
ments of fact, and that it is more con
sistent with principle and good sense t.
hold him not liable where he has actet
with care and good faith, and upon fact
and circumstances from which it wa
| n l,1a t,N annnlt,In fha
facts published.
By the usual rule of Interpretation ~
express mention OF some things, by i'm
plication expressly excludes those no
mentioned, and an application Of it t.
sections 7, 8, Is, IA, Is, 10, q and % O
the act, would cut from the body OF gu
law many rules which have hitherto Sc
cured substantial justice. 1t is an at
tempt to codify, but it possesses all tn
vices of bad codification, which coul,
arise only from ignorance, haste, or ina,
prapriate expression.
The objection to the amen lat0ry bil
under consideration is that it intcnsiie
these characteristics OF the orgina
act, and thus makes that act still NOR
obnoxious to public policy and to ever
sense of fair dealing between man al,
man.
If I may be permitted to depart iron
the usual conventional phraseology O
official papers, can characterize this ac
only as gag law" subversiye of TIN
right Of free speech and OF u free press
in consonance with the dark ages of lon,
past enthusiastically inharmonious will
the enlarged and enlightened ideas of tn
nineteenth century and Of American
liberty.
And this amendment is more than il
keeping with the retroeressve tendencies
of the original act, as it strengthens anC
intens;ties the vicious animus and re
pressive tendencies of that act, ant