The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-02-10
The LAW OF LIBEL.

Like the libel laws of other STATES
that of Michigan is unsatisfactory, and
an effort is being made in the LIE gisIa-
ture now in session to pass billwhich
shall have an element Of justice to
newspapers. The bill WAS drawn by
an able Constitutional lawyer and
adopted by the State Press Association.
1t issuch radical departure from orr
binary legislation or. the subject that
We reproduce its chief provisions: IS
SECTION THAT in actions for libel there
shall be no presumption of either express,
sctual er' legal malice from the mere fact
of the publication 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,
thea no exemplary or punitive damages
aha2l be awarded; nor shall any general
damages be awarded that are not strictly
actual and real.
SEC. 3-No action for libel shall be
brought or maintained unless the plaintiff
shall, before bringing suit, request the de-
fendant to publish retraction of the libel,
! and allow to the defendant reasonable
tiRe ii which to publish such retrsctian,
and to make such amends as are reasonable
and possible under the circumstances OF
the ease, and proof of the publication OF
any such retraction or correction shall be
/ admissible IN evidence under the general
issue on the question of the good faith. OF
the defendant, and in mitigation and re-
| duction of damages. Proof of the failure or
neglect of the plaintiff TO comply with the
provisions OF this section, may be given in
evidence under the. general issue In bar OF
the action.
SEC At shall not be lawful for any at
torney-at. law to bring or conduct any action
of libel for contingent fee, or on any
understanding, express or implied that lie
is TO receive any portion, or all of the
damages recovered, a. compensation Tor 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
II this bill shall become law suits
for libel will at once materially decrease
in Michigan. Ithas been alleged, and
tits probably true, that the great ma
jority Of libel suits are instigated by
shysters. Last year a little book was
published in New York, in which it was
asserted that there were lawyers in
that and othet cities who regularly and
carefully read the newspapers ia
search of matter which could be con-
strued into libeleus. Finding it, they 20
IN quest OF the party "libeIed" and
offer to bring suit for a percentage q
what they can recover, sometimes
going SO far as to pay the court ex-
penses. After instituting the suit they
offer to compromise, andsnot infre-
quently succeed, the publisher finding
it cheaper to submit to blackmail to
moderate extent, than fight the case in
the courts. The laws encourage
shysters to engage in this kind OF disre-
putable practice, being framed in the
interest of the lawyers and against the
publishers who are the parties to bs
despoiled. The proposed law above
noted seems to have been gotten I'D
with the idea in view that the news
papers we're entitled to some considera-
and protection.