The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-07-22

counterfeit twenty. y.dollar coin be passed.
justification IL precluded for the statement
that Il was q counterfeit twenty-dollar
note. Beyond this harshness of an an
tiQuated code the laws OF Pennsylvania as
now interpreted discriminate against
newspaper publishers In the most un-
Just and oppressive manner. We will
specify the most fragrant pointsi
I. Newspaper publishers and editors are
the only class Of citizens who can be In
dicted criminally In any county Of the
state or IN any county Of any other state
In which the newspaper Is circulated. The
recent decision Of Judge Brown In the case
Of Mr.. Dana established that he could not
be removed to the District Of Columbia,
but that decision applied only to the Dis
trict. The law az to counties within o
state remains. Any other offense can be
Indicted and tried only where the offense
Is actually committed. But newspaper
editors charged with libel can be indicted
In O dozen or fifty counties Mt the same
time. and can be dragged, as they have
been dragged. from Philadelphia to places
hundreds Of miles away. This Is discrim-
ination Of the law that applies to no other
class, and II has been and can be applied
most oppressively, without serving any
end OF justice. Upon what ground can 1t
be justified?
H \
II. Newspaper publishers and editors
are practically, except In rare and aggra-
waited cases, the only class of citizens
from whom by a recognized code punitive
damages can be recovered IN civil action.
1t Is not disputed that the plaintiff ought
to recover such damages as he may prove
TO have been actually sustained;~but In an
action for libel under our law as now con-
strued he may be awarded an indefinite
amount beyond the actual injury. Puni-
tive damages have no proper place In q
civil action for libel. The term itself i'm
piles not compensation but punishment.
and punishment is the penalty for crime
which is defined and punished by the
criminal law. As 1t Is, n plaintiff can IN
stitute a civil action and secure both COM
pensatory and punitive damages. and then
q criminal suit to administer a punishment
already inflicted. Where there IL the right
both OF civil and criminal action punitive
amages-that Is, damages of punitiOn or
punishment-are allen to the civil suit
which IL a trial Of the plaintiffs injury
and not of the defendants crime.
III. Newspaper publishers and editors
are the only class of citizens who can he
held guilty of malice by the mere pre-
sumption Of law without any affirmative
evidence and even in the face Of moral
impOssibility. 1t was clearly the intent
that privileged publication--that Is. a
publication which is an actual matter of
public interest and within the legitimate
scope of journalsm-shOuld not In itself
carry the presumption of malice, but that
malice must be distinctly proved. But
later judicial Interpretation has distorted
the original and just construction, and
holds that q publication which charges
directly or by innuendO a criminal offense
Is in itself premeditated malice by legal
presumption. And this, too, even when
the publisher or editor had no previous
knowledge Of the publication.
There are other wrongs involved in the
existing laws as they have been inter-
preted and applied which need not here be
recited. But these distinct and palpable
determinations against journalists are so
clearly unjust that they call for early ard
positive reform legislation. Honorable
and responsible journalism does not pro-
pose to diminish just protection to pri-
vate character against public assault;
but 1t does demand. and rightfully de-
mands, fair protection for itself against
speculative harpies and oppressive dis
examinations. Many other states have
passed reform libel laws with the con-
currench ,Of all classes. Pennsylvania
ought to join this general movement. The
newspapers Of the state, without dis
tinction Of party or association, ought to
unite for the assertion Of their own man.
hood and interest. They ought to make
common cause and carry the question into
the halls of legislation. They ask moth
ing more than right and they ought to
tolerate nothing else. .s.-...