The record-union., 1894-03-30

suppose, that the newspapers shall not have
SAID word about the matter. In other
perfect blank as respects all current events
and be utterly valueless to the community.
So, too, the Oakland Times says:
This is an extraordinary ruling, if our un-
derstanding as to the merits of the case is cor
rect. 1t virtually makes a newspaper reSpOn-
sible for the truth OF all the charges made in
criminal complaints. When man is ar
rested the newspapers publish the fact, to-
gether with statement of the charges. They
do not youch for the truth of the charges, and
necessarily cannot undertake TO pass upon the
merits of each arrest Under the Catlin de-
cision every man arrested on a criminal
charge and afterward acquitted has an ac-
ton at law against every newspaper that pub
fishes the charges along with the fact OF the
arrest
We quote this much as fairly repre-
sentative of the whole line of criticism.
1t is simply fair to the Judge who de-
cided the case, and also to our evening
contemporary, and likewise that the crit
icisms OF the decision may proceed upon
the proper lines, to point out that the con-
clusions quoted are drawn from false
premise. Our evening contemporary did
not plead 'privilege"; it did not set up in
its defense that it claimed the publication
to be privileged under the Civil Code.
Our contemporary itself so said in intro
ducing Judge Catlin's decision:
The Bee sought to justify by establishing
the truth of Mrs. Truitt's charge Judge
Catlin holds that the law of this State is that
the truth of the charge must be proven be-
yond a reasonable doubt in order to justify
the publication.
The court in its decision is careful to
point out that the only issue under the
pleadings before it was the truth or falsity
of the publication. and not being satisfied
that the defendant had made good its
claim that the libel was true, Judgment
was given for the plaintiff. For the pub
heatien complained of was statement of
the party not made in court, but TO re-
porters and officers prior to filing COM
plant and the arrest.
The fullest and freest criticism of all
court decisions is to be commended; the
courts are not superior to review by the
citizens; but they are entitled to be fairly
represented in all criticism. and it is
simply fair play to call the more careful
attention of our contemporaries TO Judge
Catlin's decision, in which he very clearly
sets out, as we have said, that the only
defense made was justification" on the
ground of the trush" OF the publication
This being the fact, the court has not de-
clded as our contemporaries suppose, that
newspapers publish court proceedings
''at their risk, " that they cannot, despite
the statute OF privilege, safely ublish the
tact OF charges made under the law, of the
arrest and OF trial of person, until final
judgment in the last court; nor does the
court decide that newspaper is ''respon-
sible for the truth of all the charges made
in criminal complaints if they print the
fact OF such charges" But the court did
decide that when in libel justihcationn
is pleaded by the allegation OF the truth
OF the publication, and privilege is not
pleaded, then the truth of the publication
must be proved. We so read the decision,
and think it cannot be fairly otherwise
interpreted.