The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-02-15

six lawyers and two newspaper men
Mcdonald and McManaus. The judiciary
cou mlttee took advantage of their absence
on account Of the prison investigation to
report Senator Magee's bill 10 amend the
Grubbs libel law. The committee being
composed entirely of lawvers of course
made unsni nous report 10 indefinitely
postpone the bill, which was drafted by
the democratic editorial association
and introduced by Senator Magse at
the request of the ASSOCIATION. With the
exception of Senators Msgee and Nc
GregOr the lawyers were all opposed TO
granting the editors the relief they ask
for. This is but natural. The Grubbs
libel law was placed upon the statute
book for the purpose OF increasing the
revenues Of the lawyers. Under this law
newspaper publishers have been black
mailed repeatedly BY lawyers who induce
disreputable persons to sue the papers for
having exposed them. These lawyers as
rule take these caees upon contingent
fees. that is they divide up If they recover
anything. In most instances the editor
realizes that il is cheaper TO compromise
than TO go in court, and the compromise
usually ends by the editor paving enough
TO satisfy the appetite OF the lawyer. and
the client" gets n few lines of retrAcJion
Tor his trouble. There hasn't been a case
perhaps where an editor has actually
paid a dollar TO satisfy judgment of this
kind. which shows that the law was never
intended to protect the public Under
the Grubbs law, If q reporter makes an
uuintentlOnal statement which reflects
upon some one, the publisher is RESPONSE
bic for it, aud no matter how much he re-
tracts and explains the error that does not
relieve him. The party whose character
has been indirectly touched may be salts
fed with the explanation, but some curb
stone lawyer will 60 to him and
induce him TO seek damages,
agreeinR to pay al costs Of
the suit. Then compromise
is effected between the lawyer and the
publisher by which the latter pays the
court fees. including the lawyers share,
and the plaintiff gets yindication."
The amendment proposed did NOT
change the law OF liability but il made 10
possible for the publisher to introduce in
evidence the retraction If made at the
proper time. This was denied the editors
by the senate.
1t is notorious fact that there are shark
lawyers who scan the columns OF the re-
eponsible papers every day TO discover
any articles which they consider libelous.
1t is to stop this kind OF practice that the
editors united IN fOrmu a'ing an amend
ment TO the Grubbs iaw
The committee on fees and salaries re-
ported back Senator kOpelke's bill to
amend the fee and salsry act Of 1891 as
Tar as it relates 20 Lake county, with
recommendation that il be indefinitely
postponed.
Senator Kopelke fought the report and
showed that with the increase Of pOpula-
ton in Lake county the officers could not
transact the business, the salary pro-
vided would not pay the clerk here.
Senator Hobson thought something
ought 10 be done now, anc Senator New
by believed the law of 1891 ought to be
given n fair trial. The passage of this bill
would throw down the bars and destroy
the bill. Had he been in the senate two
years ago he would have voted against IT,
The law, however, should be allowed a
trial He believed the proper ia ng TO do
WAS to return TO the fee system with pro-
vision against constructive fees But that
should be deferred till the next legisls-
ture. His constituents wanted the law TO
stand at least for the present.
Senator Baker ridicu ed the idea that the
enactment OF this bill would throw down
the bars and ruin the system of 1891. The
recorder of his own county Grant could
not receive sufficient sa airy under the
new law TO pay the four clerks now en-
ployed to place the deeds and mort
cages on record. The fee and salary bill
OF 1891 was not just 10 the natural gas
belt. where towns had sprung up in every
township.
Senator Yaryan said that when the bill
passed two wears ago he told them what
would happen. 1t would satisfy none.
Specific salaries for esch county would
not succeed. The fee system was the only
lust system. He would take three ex-
county clerks and in four hours they
would draft a reasonable bI |. The Old fee
bill was Objectionable because there was
nothing in it prohibiting the taxing oil
constructive fees.
Senator McHugh Of Marion did not want
the law changed. Ii was a good law Be-
fore its enactment the officers Of Marion
county would retire with $4,000 to
$4,000 of the peoples money in tn cir
pockets He knew that It was popular
thing with the politicians 10 attack this
law, and the safest way to be returned to
the legislature was 10 give the county otfi-
GERS what thew wanted. But that would
not deter him from dong his duty. He
was opposed to the kopelke bill or any
other bin changing the present law.
Senator Gilman wanted 10 do the fair
thing to both the county offices and the
people He did not believe this could be
done by patching up the act Il 1891. liz
dealt gross injustice. Ii was the duty OF
this legis ure 10 provide fair coupon
sation-no salary so large that 1t would in
fiuence men TO use cOrruut means 10 OBJ
tain Offices. Senator Holland reviewed
the history OF the act of 1891 aud dissected
the salary feature to show that If the bill
had been lust t would have been apple
able TO the officers then IN Office. This
alone was an admission that the law was
unjust. lie spoke in favor OF q general
revision. but did not think itwould be
fair TO give Lake county re LEI and let the
other counties remain unchanged.
When Senator Rope ks's oil had been
killed Chairman Sci er of the fees aid
salaries committee reported Senator Gill
mans ice and salary bIl adversely. No
opposition was made TO its indefinite post
ponement.
Then Mr.. Seller reported back iayorably
Senator Aiken's bill limiting the time OF
the county assessors a. follows:
In counties under 1900 population to thirty
days; 1900 10 $1,000 population, slxty DAYS;
$1,000 20 5000 population, ninety days 1900
10 10, 20 popu Aton, 10 days. Over 1900
population $50 days.
Senator Magee made q tenacious fight
against adopting the report of the commit
tee and moved TO reject the report. Ills
county (Cass) belonged 10 the class linn
tied to ninefy DAYS vet the assessor of