The record-union., 1894-06-16
SHALL IT BE PRIVILEGED.
The Philadelphia Press saws /:

The Philadelphia Press says:
The work of journalist. as much public
service and as necessary as that of the senate
itself, becomes impossible If his professional
confidence is violated. Public opinion pro-
teets him in preserving this confidence be-
cause 1t is necessary to society that his work
go on, and in due time law and precedent,
which the action of the Senate investigating
Committee is helping unwilling lyiand unwill-
1ngiy TO form and create, win also protect
him. Meanwhile, the duty OF the journalist
is clear He cannot and must not reveal the
source OF any information which reaches him
In professional confidence.
That question has very positive ''other
side." To concede all the Press claims
would be to give newspaper man license
to charge criminality, cast suspicion
upon men in public station and shelter
himself behind privilege from revelation
that would bring the guilty to justice, or
clear away shame from the innocent.
OF course we are not considering now
the remedy everyone has for libel, either
by criminal or civil proceedings. That is
an entirely distinct question and not at
sll involved in this matter. The question
now is not the right to bring an action for
libel, not the question of Furnishing a
libeler, but one of revealing facts on
which charge is alleged to be based, by
which crime outside of libel may be dis
closed, and offenders outside of libeIers
be punished.
Here we have, for instance, q newspa-
per writer charging that United States
Senate committee was bribed upon the
vote on the sugar schedule of the tariff
The committee is composed of we'll
known men, filing a public trust. The
public is entitled to know if the charge is
true; the meniare entitled to vindication
from it If false. The writer is called upon
to furnish the data and name the wit
nesses to a competent legislative body,
that the Senate may get at the truth and
do justice. But the accuser replies: :" I
cannot give you the names of the wit
nesses, because their communication was
confidential" There then the wheels of
investigation must stop as to that charge.
The newspaper man was privileged to
receive the confidential communication,
but cannot be justified in publishing it.
knowing he would be called upon for his
proofs and that under his code of honor
he could not give them. In other words,
no man is justified in charging his fell
low-man with crime unless he is pre-
pared to prove it or give the source of his
information, that innocence may be
established or the guilty punished.
Either the writer of the charge in ques-
ton stated facts, or he fabricated the
charge. To assert the first and refuse to
produce the proof justifes the conclusion
that he has done the latter.
But it is said that to compel revelation
is to stop up the sources of news; on the
other hand, tits questionable if that can be
called news which is devoid of support
and which the promulgator offers upon
his unverifed statement. A large num-
Der of the newspapers of the day are de-
clsring with the Philadelphia Press. from
which we have quoted, that, as the New
York World puts it:
Filled with high sense of Its public obliga-
. ton, the newspaper press insists upon priv
ilege in this matter as broad as that granted
TO other professions. For that privilege It
viii contend without flinching, and il the
Senate insists upon making the issue the bat
tie may as well be fought out now as hereaf-
ter. We do not charge that the Senate is de-
loerately trying to destroy the efficiency of
newspapers by closing up important sources
Of news. But that must be the eject if the
1tg Fra
to compel newspaper men to betray the con-
fdence of those who, at great personal risk,
reveal facts OF public concern.
We have as high regard for the profess
sion as any. No influence is more solicit
GUS than the RECORD UNION that the
profession shall be not only duly pro-
tected, but elevated, advanced and con-
stantly bettered, that it may be OF greater
usefulness to society. But we submit
that there is grave doubt of the justice of
the claim of right to prefer charge in
newspaper columns involving State or
national honor, and the official character
of public administrators, followed by
refusal to present to the proper tribunals
the proofs in support.
The people are greatly more concerned
in having the truth made known and
official rascality exposed than in preserv-
ing the confidential relations of the edi-
torial room. The position of those op-
posed to this view is that the door shall
be set wide open for any man controlling
q newspaper to denounce department.
legislative or judicial officer as corrupt.