New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-09-22

Whatever may be- said respecting the pecuiari-
tie, Of some recent decisions of American courts
the subject Of libel, there il in them nothing
Iemarkab" or unreasonable a. an adjudication
lately II ldr in The Tribunal Correctionuel OF the
Seine in Paris. IT il only far TO s..y tina: the
Judgment j., exciting adverse criticism from French
lawyers AID newspapers, az we'll g.. from English
aud American critics
The Hrentano> are well known statiOnors who
have agencies in Pui,, H. Wc.l ~ IN Ncw-lork anl
other large cities. In tie oouls. Of their business
they S,ll or distribute to Americans and English
in France the various prominent publications
OF Ncw-lork and Londyh. The lIbunc WAS one
Of the new paper, 81 distributed by them, anI a
SUNDAY edition Las spring contained Paragraph
respecting Il FIcnclnan OF some distinction winch
he considered brllous 30 effort Was r.adc to hold
10 responsibility the Offending newspaper in is
own country. where it might lave been shown
that tie liLel complained of was trivial. aud that
= correction OF the error contained in il was ma |"
possible; but the BrcntanOs were. hailed
before the court and charged with the crime Of
publication. They could only plead that they were
merely newsdealcIs or distributors and hal no
more - do will. thc malicious publication of i
libel upon the complainant than the steamship
company tina: brought the new. papers TO that
country or the mail carrier who delivered them
10 the residents of Paris But although it, was
admitted that the BrrntanoS had received 10 lotcs
or the alleged libel, and were absolutely ignorant
Of the contents Of the newspapers IN question,
they We're iornd guilty. ordered 10 pay Il
fine Of 100 hanos, 1900 francs damages to the
complainant and to insert the decree in eight
French journals.
His reads like an incredible JUDGMENT of a
dark age, rather than the pfesAlt decision of Il
court in country almost universally regarded as
guided ~ the most liberal and adv lhccd ideas Of
fairness and Justice We are unwilling to believe
that such decision cln fairly represent the judg-
ment Of French jurists, and confident that it
will be sci aside upon the appeal which is said
10 bc pending TO the higher courts In very
PHEASANT contrast with tins are the judgments
rendered this summer, in similar eases, in the
Highest courts Of one of our States, AMI also 10y
the English judges. The former held that a mere
seller of newspapers is not liable, though they
contain libel, If he did not Know that fact, and
his ignorance was not due 10 negligence on his
part and he had Ground to suppose THAT the
paper likely TO contain dubious natter" To
the same effect was the English ease M.>sIs
W. H. Smith SON. large English booksellers
bad sold a newspaper AT one of their stalls uyon
which a libel suit WAS brought against them as
the publishers. The ncwsdcalers of London united
with them in making It u test casr Mr. Justice
Cave told the jury in the Queens Bench Division
that most publications have 10 b. sold bv such
agents and that 1t would - Impractical, AMI im-
possibc for them TO prrnsr the papers they send
out Therefore tie law would not hold tLcn, r.
80, nsiblr, unless they continued to distribute,
after notice of the libel upon that the iury found
for the defendants. This was going even further
than ilio discriminating Judgments rendered some
time ago by the Superior Court, of this city. in
the matter Of the American News Company. in
which cases it was held that even without notice
the ncw>vendrr woald b. technically Irbl. for
- l,a-t nominal damages, but punltiv.. DANA.
could only be- recovered in case OF notice
The English rule certainly SEEMS 10 l., th. most
sensible one and to conform most nearly 10 the
,.xigcncies of mcdern business life rnc only adj
vantage OF the rule in the American New, CoIl-
pany cas'> Is tlit II possibly anor!s u stro1e'r
safeguard aedlnsi the attempts of irresponsible
publishers to hide 9rhirr the n.Nsventier ~
attacking character without cause Either rule Is