St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-18

lana, virginia. connecticut Georgia, IN y
ana, Mississippi. Missouri, Michigan, New
Jersey, North Carolina, Tennessee, Wisconsin,
Vermont, Iowa and probably in other states.
1t is a qualified defense in Massachusetts,
Rhode Island and other states according to
the latest acts we have been able to exam
ine). The New York statute provides that
the truth may be given in evidence, and if 1t
appears to the jury that the matter charged
is true and was published with good motives
and for juslihable ends, the party is to be
acquitted. This is according TO the latest
statute we have had access to. We have not
been able to see the latest acts OF but few OF
the states. Hence we may not state the stat
ute in every instance as it exists to-day but
as it has been in the recent past. This New
York statute is somewhat peculiar III requlr-
ing the defendant not only to show that
What He Published Was True.
but that he acted with good motives and for
justifiable ends 1t would seem as though
he who tells the truth ought to be presumed
to do so with good motives and for juStifia-
BILE ends" Should an article be copied
simply TO give the latest news, would Jury
consider this good motives and for justiha-
hle endsF' The Florida statute also pro-
yides that the truth shall not be good de-
Tense in any case unless the publication WAS
prompted by good motives. The libel law is
peculiar in making the jury judges of both
law ana fact. Whether this is beneficial to
the defendant is a question. In most matters
the jury must take the law from the court.
A distinction is made in some courts, we
think rightly, between the defense OF
misfortunes are spoken of and where
his misdoings are told. Your COM
mittee are of the opinion that
the truth ought to be a full and COM
plete defense Except, possibly, where ones
mlsfortunes rather than sins are expoSed) in
libel proceedings. We also believe that the
statute of every state should contain a see
ton like this: No prosecution TOR libel.
either civil or criminal, shall be maintained
against publisher of paper unless an OPP
portunity be given such TO retract and cor
rect the same, and If such retraction and cor
rection be made as fully and publicly as the
libelous article, this shall be complete de-
tense, unless malice be proven by the prose-
cution. Publications declared to be libelous
are often made innocently and with the best
of motives, and 1t is unjust that penalty be
inflicted for such an.act, unless the publisher
refuse to make all reparatiOn in mis- powar.
Your committee are also of the opinion
that every county and municipal corpora
ton should be compelled to publish detailed
Statement of All Financial Trans
actions.
In many states this is the case now; in
others it is not. There is a wide difference
in the laws of the various states on this sub,
ject. Some, like little Nevada, require every
thing to be published. Even the list of the
voters has there TO be put into print. In
OlbCI StulSS tuG requirements VI lHG INV III
this line are very meager. The public ought
to have an opportunity of knowing for Just
what purpose their money is spent or squen.
dered Turn on the electric light. Let every
transaction be fully scrutinized. This viii
promote honesty and economy There are
other matters in this line worthy of consider
alton, but enough has been said to call atten-
ton to this snbjeeG. Your committee is OF
opinion that this legislative committee
should remain as it is, composed of one
member from each state and territory; but.
that this committee should be authorized to
have an executive committee of three or five
members to direct and control matters COM
ing before it. Each state association should
have
A Committee on Legislation,
and each member of this committee should
be the chairman of the state committee. He
Will then become better posted on those sub.
jeetS and take more interest in them, and
will be able to give this committee informa-
ton and assistance in various ways Your
committee therefore recommend that the
legislative committee be empowered to APP
point an executive committee of three or
five, as it deems best. They also recommend
that a committee of five. including the pres
ent chairman, be selected by the present
chairman to visit Washington early during
the next session of congress to assist
Brothers Scott and Perkins in urging upon
senators and representatives the business Of
the legislation we ask and that the mem berS
of this association and each member of all
the state associations be requested TO use
their influence with their respective senators
and members of congress i'll securing their
active cooperation in the passage OF the act
TO repeal the law permitting the governments
to print return requests on envelopes.
The recommendations and suggestions are
respectfully submitted for the careful con-
sideration of the members of this association.
W. o. L. JEwETT,
Chairman Legislative Committee.
A Hot Discussion.
Hon. Lafayette Young, of Iowa. OBJ
jeeted to that portion of the report
which recommends that truth shall be
complete defense for alleged libel, and
offered an amendment to the effect that
the truth should only be a defense
when without malice, and published for
the public good. Mr.. Young made an
eloquent speech in favor of his sugges.
ton, denOuncing the newspaper free
booter who would tear privacy from its
retirement and parade it for no public
good. "Thank Godv' he exclaimed,
Eve in the West and South sometimes
take these affairs into Our own hands.
There are some newspaper men, SO
called, who should be shot once week.
Let us weed out this class and preserve
our own purity"
This sprung fierce discussion upon
the convention. Mr.. McCabe, of Massa-
chusetts, made a fervid rejoinder, in
which he declared that such talk was to
admit to this honorable body such vile
papers as the New York police organs,
and to confess they were newspapers,
Its absurd, and it makes my blood
boil!'' he exclaimed. ''Such talk as this
defeated the best libel law ever SUBJ
mitted to the Massachusetts legislature.
Let us be true to ourselves. Let US pro.
teet ourselves from these miserable pet
tIfOgging lawyers, these freebooters Of
the bar who are themselves, and not
their clients, the true plaintiffs in law
suits" Cheers and applause.
The discussion ran on in this manner,
and it was the evident sentiment of the
convention that the honest and innocent
publisher should be fully protected
against the Shyster, who had nothing to
lose.
Mr.. Butler, of New York-We want
the same right accorded to the horse
thief. The present law presumes mall
ice in every publication, and we want
the presumption of innocence to be
the man who wants the malice pre-
sumed and you'll find a lawyer.
President PatullO, Of Canada, outlined
the Canadian law, which is something
after the Minnesota law, but compelling
a plaintiff to give bonds for costs in case
of defeat. The discussion was full and
ample, and the previous question was
ordered. The amendment by Mr..
Jones, of Louisiana, laying the burden of
proof of malice on the plaintiff, and Of
Mr.. Young, that the truth shall be
justification when published for the
public good, were added to the com.
mittee's report, which was adopted.
The chair appointed the following
alternates to the meeting of the Cana
dian Press association: V. FL. Butler,
New York; Judge HotchkiSS, Virginia;
A. G. Cameron, Chicago; A. Starbuck,
Massachusetts; p. B. Cogswell. New
hampshire.