The herald., 1893-05-21
NEWSPAPERS AND LIBEL SUITS.

IL is generally understood that libel
suit is an inevitable incident of news
paper. Not to enjoy these Injuries oc-
casionslly Is to admit thgta journal Is Of
no servics TO a community. Now and
then the HEHAJD is made the beneficiary
OF the costa and other pleasant attend
ante Of one of these episodes. Or the
9th Of the the present month the pro-
prietors OF this journal will be arraigned
in the superior court for libeling one
Jabez Banbury, who WAS defeated for
county treasurer at the election last fall
because the people did not believe that
he properly met charges relating TO his
official conduct preferred by the HER-
ALD OF this suit the San Bernardino
Tlmes-Index has the following truthful
observations:
The Los Angeles HERALD ia in the
thtee OF lively libel suit. During the
campaign IN Los Angeles county last
fsii the HERALD accused Iebez BauDury,
treasurer OF the county and candidate
fer reelection, with having charged the
county expressage for Hending moneys
10 the state treasury when, ae a matter
OF fact, 1t WAS not forwarded by express,
Banbury, as the paper alleged, pocket
ing the Gums which no claimed 70 have
expended in expressage. The HERALD
"A red Ranbnrv the freedom Of ita col
umua to defend himself. but he failed TO
mke adyantage OF the offer. He WAS de-
feated Tor The Office, and after election
he instituted euit against the HERALD
for $50 00O for libel. The case will come
up for trial next week.
rhis libel suit, az well ss everv other
Of similar character, opens the question
ot ths rights and privileges OF the press,
and how far it may 20 in ita criticism Of
iutividuals. Hardly day passes that
great dNly ewspaper does not become
am nahle TO the libel law by reason Of
attasks on an individual. yet juriea have
uniformly refused to award damages in
euch suits if the charges made by the
paper are based upon fact. This is az it
should be. The preps ie the conservator
OF public morality. 1t is its duty to ex-
pose and ceneure corruption, both in
public and private life, and in this re-
apect, as we'll az many others, it lie tho
most potent factor in modern society.
The preas is the Watchdog of the peo-
ple's interests; to be useful it must be
isarless, aud to be fearless it must be
protected.
Assuming, for the sake OF argument,
that the charges made by the HERALD
against Mr.. Banbury are true in every
particular, that he was an unfit public
servant and that the public welfare de.
manded his defeat for reelection, yet the
structures OF the paper and its expose Of
bis operations in Office, under this lswsoi
this state constituted libel, which has
nothing to do with the talsity or correct
neeB OF tho charge. But what jury would
find verdict for the complainant 70
do 80 would strike blow at the useful
ness of the press, 1t would be deprived
of the power which IL had only used for
the peoples good, and venality in public
affairs, corruption IN private life, might
go on unrebuked and unchecked and the
only voice that could be raised for the
people would be hushed.
II requires no student of history nor
person Of more than ordinary perspicac-
ity TO readily realize that there ie no
more. dangerona Instrument for the sup-
precision OF the liberty o. tss,f.- t,ress-,A IN
sn unwiso application Of the law of libel.
The libsl laws of most of the states Of
the union are really detective in that
they can be perverted into the down
right persecution Of newspaper. The
only thing that prevents their becoming
absolutely oppressive ia the good sense
of iuries. II the liberty OF the press
we're once curtailed there is no telling
just what might happen TO a commun-
ilv. Az our San Bernardino contem-
porary suggests, private vice would be
rampant and official mslyereation and
peculation would be unchecked. 1t was
the ilustrious Thomas Jefferson who
eaid that il the choice were offered him
of government without newspapers
or newspapers without government he
would take the latter. And in no utter
aucs Of his life did he show his wisdom
more oonspicuously than in this.
The country which would en-
duro muzzled press would de-
serve all the manifold ills that
would quickly overtske it. We are not
now talking OF an uuprincipled journal
that invades the private life OF the citi-
IEWs h1n bFOAb w Ahhhb Ills N6AohNhSV
miaerahle and his name infamous for
purposes Of private malice or with the
object of blaokmail. Our remarks apply
strictly to journals which use their col
umus aud their Office OF censor for the
public good. These newspapers ought
not only to be protected in the exercise
OF this beneficial function, but they
should be made to understand, in the
mo emphatic way, that the people ap-
preciate efforts that have been made in
their behalf. Only thus can the public
expect fearless and etfeetuAl service
from the newspaper. A country with e
muzzled press il sight Tor Gods and
men TO marvel at and pity.
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CONCERNING HOSPITAL DISCIPLINE.