The record-union., 1894-04-14
PEE Law OF LIBEL.
Extracts from Decisions of Different
Supreme Courts.
A Little Study OF the Law Would
Be Very Valuable to Some
Editors.

AS many of the newspapers of this State
are just now discussing the law of libel in
very loose and disjointed manner. it
would be well for them to look into some
OF the decisions on the subject. Here are
few extracts from the decisions in lead
ing cases;
.'It cannot be denied, and the counsel
for the defendants comedies to the fullest
extent that 1t is well established, both on
reason and authority, that If libel assert
the defamatory matter, not as tact, but
only on the belief of the author, or as
rumor or general suspicion, the libel can
not be justified by proof that the author
believed it to be true, or that there was
such rumor or general suspicion. In
order to Justify a publication. purport-
ing to be made on the belief of the author,
that the fact was true, the defendant must
prove the truth of the fact, and not merely
that he believed it to be true" (Wllson
VS.. Fitch, Al Cal. 379.)
mo newspaper has the right to trit1e
with the reputation of any citizen, or by
his carelessness to injure his good name
and fame or business. And the reporter
of a newspaper has no more right TO col
lect the stories on the street, or either to
gather information from policemen or
magistrates out OF court about citizen,
and to his detriment to publish such
stories and information as facts IN news
paper, than has a person not connected
with newspaper to whisper from ear TO
ear the gossip and scandal Of the street.
If true, such publication or speaking may
be privileged, but if false, the newspa-
per, as well as the citizen, must be re-
sponSible to anyone who is wronged or
damaged thereby" (McAllister VS.. De-
troit Free Press, 15 Am. State Rep. 332.)
IF a publication be ibelous and not
privileged, the law implies that 1t was
malicious. This is not mere presump-
ton, which may be wholly overcome by
proof, but it is legal conclusion which
cannot be rebutted. But while the abb
sence of actual malice cannot be shown
as a bar to the action, the defendant may
plead and prove any mitigating clrcum-
stances to reduce the amount OF dam
ages" Lick VS.. owen, AZ Cal. 25S.)
When language is actIonabie and 1t
does not appear that it is privileged, it is
presumed to be both false and malicious,
and no other evidence of falsehood or
malice is necessary than the publication
itself. And the malice presumed in
false publication can be evaded in but one
way, and that is by showing legal ex-
cuse for the act of publication, i. e., by
showing that it was privileged" Dixon
VS.. Allen, 90 Cal. 529.)
In Upton VS.. Hume in the Supreme
Court of Oregon Judge Bean said: "The
term freedom of the press, which is guar
anteed under the Constitution, has led
some to suppose that the proprietors of
newspapers have the right to publish
with impunity charges for which others
would be held responsible. But this is
mistake. The publisher of newspaper
possesses no immunity on account of
libelous publication not belonging to any
other citizen. In either case the pub
Usher is subject to the law of the land,
and, when the publication is false and de-
famatory he must answer in damages to
the injured party" Here the learned
Judge cites numerous authorities, and
continuing says: "As was said by Coler-
idge, j., in Dandson vs.. Duncan, there is
no difference in law whether the publica-
tion is by the proprietor of a newspaper
or by some one else. There is no legal
duty on either to publish what is injuri-
GUS TO another. ana, if any person does
so, he must defend himself on some legal
ground"
Judge Drummond, in Smith VS.. Trib-
une Company, says: I'VE all desire the
understood as authorizing the bringing
of charges against man of his having
committed a crime, unless those charges
were true"
From Townshend on LIBEL
right to publish with impunity truth with
good motives and for justitiable ends,
whether it respects governments, magis-
tracy or individual
"A newspaper proprietor is not priv
ileged as such in the dissemination of
news, but is liable for what he publishes,
in the same manner as any other indi-
vidual.''
Although the truth of the defamatory
matter is admitted as a defense, a mere
belief in the truth of the matter pub
ished, however honestly that belief may
be entertained, will not of itself consti-
tute any defense. Beliefor disbelief in the
truth of the matter published can be ma
terial only upon an inquiry into The IN
tent with which the publication is made"
From Lawson's Rights and Remedies.]
1.-THE publication of the reports of pro-
ceedings in the courts is privileged, for
the general advantage OF the country in
having these proceedings made public
more than counterbalances the inconve-
nience to private persons whose conduct
may be the subject of such proceedings.
But where the hearing is merely
&c parte the privilege does not attach, at
least beyond the publishing of the fact
that the charge has been made"
a captain of vessel was charged be-
fore magistrate with an indecent assault
upon lady on board his own ship. A
newspaper published report of the case,
interspersed with comments which as
sumed the guilt of the captain, COM
mended the conduct of the lady, and gen.
orally tended to influence the minds of
the public violently against the accused.
Held not privileged. z Camp. $685."
"a petition for divorce was fled in the
Circuit Court against plaintiff. Defend
ant, before the petition was brought before
the court for judicial action, published
in the newspaper the substance of the
petition without defamatory comments.
Held that the publication was not priv
leged. Barber VS.. st. Louis Dispatch, 8
Mo-, App. 377.)"
"a newspaper article contained state
ment, with comments of judicial pro-
ceedings instigated by J. to obtain a di-
vorce from his wife on the ground of her
adultery with plaintiff; at the trial the
Judge charged the jury that taking the
whole article together, the petition for
divorce and the comments upon it, there
can be no doubt that it is libelous and
grossly so.' Held correct. g Am. Rep.
544.)"
SURGEONS ON THE STAND.