Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1893-06-24
GENERAL ITEMS.
The Law of Libel.

aeer and editors of n Baltimore paper
for certain alleged libelouS ulterances
furnishes striking illustration of the
grave abuses which may ariSt. undvr
the laws relating to Grim, nal libel, to
which the Sun referred in its editorial
columns on Thursday. While, IT'S was
pointed out in thlt article, it may
be difficult to establish by statutory
definition the precise difference be-
tween the liberty and the license of
the press, there can be no doubt that
the penalty Of imprisonment at present
provided in ,riminal libel foc over
stepping what is frequently purely
technical and ina ginary boundary line
is not only unreasonable and out If
proportion to the offense, but is dan
gerous to the public interests AS we'll
as opposed to the eni ghtrnah and pro-
gressive spirit Of the age. There can le
no desire on the part of respectable
newspapers to asSail public or private
character. or to make their columns
the vehicles of defamation. Apart
from higher considerations, such a
policy does not pay, and, therefore.
for their own sakes publishers are dis
inclined to course from which
they themselves will be the sufferers
When such newspapers deal frankly
and boldly with public gu stions and
public men 1t is safe to conclude that
they have not done so in a spirit of
malice or from u desire to work per-
sonal injury. Even the best and most
carefully edited papers may make mis-
takes, hut an error of statement. and
especially one which is promptly cor
rected, should not be made The basis
for Imprisonment or heavy damages.
In the recent case to which we aliudr,
the jury being judges of the law as
well as of the facts. chose to be guided
bv the law of common sense instead of
the legal rules that might Lave led
them to Il different result. They re-
fused to assume that the indicted per-
sons Were actuated by malice or a
wrongful motive, or to look at the al
legged libel through technical specta-
c,es. Their ve.dict was popular
rather than professional verdict, aud
is valuable as proof of manner in
which the public at large is disposed %
regard this subject.
The same indlsposition to be made
was also manifested several year ago
by jury in another libel case in this
city, in which a newspaper was sued
for a statement which was claimed to
be inaccurate. In spite OF snphistical
and technical pleas the jury declined
to be governed by speciouS arguments
that may have been convincing two
hundred years ago under II monarchical
government, but which are out of date
in free country in the present cen
tury, and gave Il verdict for the news
paper.
The great mistake that is made in
considering the subject of libelous
newspaper publications arises from a
failure to remember the progressive
character of the age and the differ
ences between modern American and
Old World conditions of life. The old
English common law has been modified
IN many essential particulars as new
circumstances haye demanded. and the
severe and harsh penalties provided by
our stern forefathers for trivial offenses
have been swept away by the milder
and wiser policy of the present. No
exception can be taken to the fund
amental principles laid down by the
Old English judges IN regard to proper
and improper newspaper publications,
but 1t does not follow that we are to be
governed in dealing with new circum-
stances and cases by all the special
rules which they deduced from their
general reasoning. Under repub
lican government the absolute .treeelom
Of the press is aN-important and any laws
which tend to restrict its true liberty
are menace to the public welfare.
In fact, there can be no popular Liberty
'oithom the liberty Of the press, and IN pro-
tecting the press fhe people nre protecting
themselves. In monarchies and empires,
where the constitute authorities are
more anxious to perpetuate their own
powers and preserve their own priv
ileges than to assert those of the people,
it may be considered necessary to
guard jealously the old legal traditions
and theories which serve to keep the
press in proper state of awe and
meekness. But in this country no
such reason can be alleged. On the
contrary, it is essential to the continuation
Of popnlw supremacy that the news
papers should be comparatively un
trammeled and free to criticise public
evil and eyil-doers.
If the libel laws are to be used as
cudgels by political combinations or
private persons to suppress the truth
or the statement of disagreeable facts,
or if they are to be employed TO stimu-
late litigation for the benefit of needy
attorneys and equally needy clients,
they had better be wholly expunged
from the statute-books. Fortunately,
no such extreme course is necessary,
for Jurles, as n general rule, can ke
depended upon to set the seal If their
disapproval upon such attempts. At
the same time, while great reliance
can be placed upon the good sense of
honest and intelligent juries. the con-
ditions of modern life and the spirit of
free institutions seem to demand such
notifications of the law as will guar
antee the essential liberty of the press
and protect it from the attacks of
greedy or designing persons.-Balti-
mOte Sun.
What is the Matter in Frostburg?
The leaders of the Democratic party
in this county have lost the cOnfidanca