Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-07

when railways reversed the tides OF com
merce and wrought revolution in every detail
! of the business affairs of men-new enactments
were Numbered forth from the Sinai of the law,
linked to the past by nothing save a fiction.
lt Is, II It's dealings with the press alone, that
the law speaks in the language OF the Sixteenth
| century. It is the judicial anomaly of the age
that the responsibilities and the obligations Of
newspaper should be determined by rules that
defamer.
The Smazement with which every thoughtful
| mind must regard the hostile attitude OF juris-
| prudence toward the press is increased by the
fsct that in its application OF the harsh rules OF
libel. 1t has relaxed at every point where they
| have touched the business affairs of men, ex-
cepting the press alone.
The case of The Missouri Pacific Railway Com
pany VS.. Richmond L72 Tex, 565l was q suit to
recover damages from the appellant for publish
ing the name of the appellee in its discharge
| list an having been discharged from its road
| for cRrelessness. The plaintiff below recovered
| Judgment for $3.50 actual and SI750 exemplary
damages. The supreme court rev ersed the
absence of express malice the plaintiff
was not entitled to recover either actual or ex-
emplary damages. We quote from the opinions:
The officer having been Informed by credi-
bic person or persons that appellee was not a
careful man, that he had been careless in the
discharge Of his duties as condrctor to such
extent as to make his discharge necessary, it
became his duty to place this information in the
possession OF all persons having power
80 e% MPoSid R Rag bed failure breach eG
of duty. a publication so made is not actiona-
bic in the absence of actual malice, and as there
was no evidence OF this, the court below should
not have submitted a charge under which the
jury could have found in favor of appellee any
exemplary damages. I'VE are further OF the opin-
ion that the court should have granted new
trial on the ground that there was no evidence
sufficient to show express malice, for In the alb
s paned Of under the e circnmssanees of and
the publication not actionable and appellee
therefore not entitled to damages, either actual
or exemplary. go Looking to the public in
terests involved in the safe operation of rail-
ways, as well as the interests of their owners,
it seems to us that one having reasonable ground
to believe that person seeking important posi-
tion in that service was incompetent, careless or
otherwise unfit would be under such obligation to
persons likely to employ such unsuitable per-
son in that business as would make the publi-
cation privileged If made IN good faith
It will be observed that the above decision is
notable advance from the old common law rules
and that it is based upon the demands of public
interest.
legitimate news subserves the public interest no
less than the railroad which seeks to guard
agSinst the employment Of incompetent ser
thing to the public that the public is entitled to
know, and has an interest in knowing. Upon
the principle OF the above case if the press acts
without malice it deserves the protection of the
law in legitimate attempts to serve the public
The supreme court of Texas has not besitated
given against creditors attaching wrongfully,
but without malice. The rule in such cases is
declared. Kaufman & Runge VS.. Wick, 81
''While malice may be implied from the want
of probable cause. still malice cannot be i'm
piled if probable cause exists. To illustrate the
out an attachment against his debtor upon
the ground that the debtor was about
to dispose of his property for the purpose of de
frauding his creditors, when in fact there was
no probable cause to induce that belief, If other
circumstances did not exist which would repel
the implication the jury would be authorized in
inferring malice. But on the other hand, if
probable cause existed, that is if the facts and
circumstances were such as to induce reason
ably cautious person to believe that the debtor
was about to so dispose of his proper
ty malice could not be implied.
implication of malice might be repealed by facts
and circumstances showing fair and legitimate
purpose of the creditor in the honest pursuit of
what he belieyed to be just Claim
Here the oppressive acts of the creditor ere
excused. 50 far as punitive damages are con-
equitable principle should not apply
to the innocsn Mt publications of a newspaper.
regulations, presents embarrassments that
puzzle the acutest and most learned legal minds
as well as those which are not trained in legal,
fctions and technicalities. When late decis-
ions Of the Texas supreme court upon the subject
cross each other at right angles, the pub
sacb nan snS Ss Sente Alone 99
able to rescue him.
In Express Printing Company VS.. Copeland, 81
public officials and candidates for office, matter
affecting their fitness for Office was deemed to
be privileged, If true, or if believed to be true
with reasonable grounds for such belief,
In CotulIa VS.. Kerr, "a Tex. SO, which was q
suit for damages for libelous criticism of official
conduct the holding was that the only legal
justification for the matter would be proof Of its
truth.
The candid lawyer must admit that the COM
mon law of libel, as applied to the press, is a
skeleton brought forth from a closet of
antiquity, and clothed in such raiment may
best suit the eye of the chancellor who happens
The vital wrong OF which the press has to COM
PLAIN is the reluctance of the bench to acknowl-
edge its public functions. For legal purposes it
dividual would speak, with the same motives
and reasons that clothe individual utterance
and action. The duties it owes the public find
no recognition in judicial decision. Every
where, save in legal codes, the office of the
editor is held to be quasi public in its character.
The journal which sells its editorial utterances
incurs the Just maledictions of an outraged pub
lie, and yet in the position to which the
law would oonsign. al, II me P People nave no
If it be true that the press owes a duty to the
public to tell the truth, to expose wrong. to de-
wSich the ho public has elected it, then it must
logically follow that the public owes q CORE
spending duty to the press to protect IL in all
legitimate and honest efforts to discharge those
offices.
The press has nothing more than this to ask;
the public, in taking and demanding these ser
Invitations were accepted to attend
Hood q brigade reunion at Hampstead,
June 81, also to attend the Fort Worth
Spring Palace.
w. L. Malone invited the editors to
hold their next convention at Fort
Worth, and the mention of Fort Worth
brought forth storm of applause.
The convention is determined that our
Legislators shall enact a libel law without
Sinking the question.
The convention will remain in session
two days longer.
Tomorrow the state convention of the
Travellers protective association will be
called to order, which will make three 4
separate conventions at one time in ses-
sion.
A concert was given tonight in honor
of the guests, and tomorrow night the
banQuets take place.
Supreme Court, Austin Term
Special to the Gazette.