Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-03-01
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the scsni-Ccntennfa1 Exposittons
Reported FavornbIy By House Ju-
dietary Committee.

Austin, Tex, Feb. 2S,-The Bowser
libel bill. which passed the senate yes
terday. has many friends In the house
and one or two very bitter and untir-
ing enemies. II was reported favorably
by house judiciary committee No. to-
day. The Bowser bill is a very simple
act II does not relieve a publisher Of
actual damages wherein a party has
been aggrieved. but 1t does away with
exemplary damages when a publisher
complies with the provisions of the bill.
Below will be found the full text OF
the measure:
Section l. Be II enacted by the legis-
lature OF the state OF Texas: In any
suits brought for the publication OF a
libel In any newspaper in this state
the plaintiff shall recover only actual
damages II It shall appear that the
publication was made In good faith and
did not involve a criminal charge and
Its falslty was due to mistake or mis-
apprehension Of the facts and that In
the next regular issue OF said news
paper after such mistake or misnppre-
henslon was brought to the knowledge
of the publisher whether before or
after suit Is brought. correction was
published in as conspicuous manner
and place IN said newspaper as was the
article sued on as llbelous.
Sec. 2. That in actions for libel, 81
there is no proof OF express malice, then
no exemplary or punitive damages
shall be awarded. but such malice may
be Inferred from the nature and tone
Of the statements claimed to be libel
Gus.
Sec, B. No emsxplary or punitive
damages shall be recovered unlesa the
plalntif, before bringing suit, gives no.
tlce by mail or otherwise to the defend
ant to publish a retractlon OF tho libel.
and allow reasonable time In which
TO publish such rctraction and make
such amends as are reasonable and
possible under the circumstances OF the
case; and proof OF the publication OF
any such rctrnctlon or correction shall
be admissible In evidence under the
general Issue on the question Of good
faith OF the defendant. and IN mitigR-
ton and reduction Of damages; pro-
ylded. that the retrgction shall be pub
llshed In the same type and In equiva-
lent editions Of the paper as the orlgi-
nm libel, and 80 far as practicable in
the same position
Sec T. Ia an action for libel against
the proprietor or editor Of any news
paper or other periodical the defendant
may plead IN his answer that the libel
was Inserted without malice and with
out gross negligence. and that az tho
earliest auhscquent opportunity he IN
of'A'h III husN OF some Olltf publication
Of equivalent circulation a full apology
and that the apology was printed In al
largo an edition and equally consplcu-
Gus In position and style Of type and
degree Of publicity as was the iuser-
tion NJ the original. or Sc such publica-
tion was published only ut intervals
exceeding a month that he offered to
publish such apology with equal de-
grees Of cOngpicuousneas and publicity
% uH D. t#.Ns
nama and II such plea is filed In the an
swer. evidence of Its truth may be ad-
mitted and may be taken into consider
alton by the jury In estimating the
damage.
Sec, o. The word actual damages" In
thetoregoing section shall be construed
To include all damages the plaintiff may.
show he has suffered in respect To his
property business. trade, profession or
occupation, and no other damages