The record-union., 1895-03-02
he memory of one who is dead. or to

reputation or publish the natural defects
of one who is alive, and thereby expose
him to public hatred, contempt, ridicule
or financial injury" While our author
approves this definition, we believe that
there are others better; but it is not essen
tial that forms should be discussed here
they do not affect the meat Of the thing
under consideration. What we want, as
Mr.. Hatch we'll argues, is clearness and
the reverse Of present chaotic conditions.
3. There must be clearer statement of
what is privileged. and the several divis-
ions, MIR. Hatch thinks, might well be
set out after this order, and generally we
concur in his opiniou: (d) Statements in
dischargesof public official duty; (6) in
proceedings legislative, judicial or other
wise authorized by law; (c) fair reports of
legislative, judicial and like proceedings,
and what is said in the course thereof las
to the last seven words there will be di-
vision Of opinion, and we are not now pre-
pared to go 10 the extent of the language
used. If "a B' in an argument before a
jury is permitted by weak or ignorant
court to uselessly libel &c ID" under the
privilege of the attorney, shall SEP there
fore be permitted to publish the same
scandal? Why not confine "E'' to that
which is lawfully and rightly privileged
in the first instance? That is to say, ii it
is clear that the attorney is abusing his
privilege. and exceeding his limit, shall
"E" not be held to take notice.of that fact?
Otherwise "E' can procure IF" under
seeming privilege, to libel &c, ;" and ''E''
can then publish the libel free as to pen
alties, and &c" will have no remedy.
though suffering great injury. Suppose,
as is true in California, lawyer offers to
prove this or that, and it is libelous, and
the court rules out the offer, should not
the newspaper be prohibited from print
ing the libel?) (d) Statements in COM
munication, without malice to person
interested therein, by one also Interested,
or who stands in such a relation to the
person Interested as to afford unreasonable
ground for supposlng the motive for the
communication to be innocent, or who
is requested by the person Interested
to give the Information. Statements
made under belief OF truth, with intent
to protect ones own interest III matter
wherein it is concerned. (e) Reasonable
and fair criticism upon matters of public
concern, the publication of which, is for
public benefit. (Of course this is very
broad ground, and it opens up wide
field for argument. Mr.. Hatch seems
content with the definition, but we con-
fess that we would like to have the words
public beneht' well defined IN the law.
just what is for the public good concerns
so great field of opinion, that We fear
such privilege in the law Will open the
door wide to the libeler with malice, but
reach him. fl Fair comment honestly
made in the belief of its truth, and upon
reasonable grounds for such belief, upon
the conduct of person in respect of
public affairs, or upon thing which the
proprietor thereof offers or explains to
the public.
a fourth need in the way of reform and
uniformity OF the law is provision for the
establishment of the truth of the publica-
tlon by preponderance OF evidence. I'm
der the common law plea OF justifica-
tion must be stated with all the certainty
Of an indictment, and be supported by the
degree Of proof necessary to maintain
an Indictment Illinois has corrected
this error by statutory provision in ac-
cordance with the idea expressed by Mr..
Hatch, so that malice shall not be i'm
piled from an improved allegation of
truth of libel, but must be gathered
from the whole case.
3. No punitive damages should be
allowed in civil cases. Greenleaf long
ago brought the wisdom OF vindictiye
damages into question. We agree with
Mr.. Hatch, that granting them encourages
litigation and is pernicious. q. There
should be provision for retraction. Six
teen years ago the RECORD UNION urged
upon the Legislature OF California the
passage OF retraction law, SO tha: one
could sue to be righted in tne columns in
which he had been wronged, and that if
this was refused, then the publisher
might be pursued with energy. For our
pains we were laughed at 10y the press
and the Legislature. Now comes MIR.
Hatch and AYERS that this retractiou
element is essential to reform, and more
than that, he is supported in the state
ment by the best thought Of the age. The
English and the French are away ahead
Of US in this matter, and we have only
our own stupidity 10 thank for being be-
| hind, for this retraCtion remedy is no
more wise and desirable to-day than il
was when the RECORD UNION urged it
upon the Legislature of California years
ago. minnesota has carried the retrac-
| ton scheme into her code, aud with good
effect.
There is need, ninth, for amendment of
the law in the matter of proof OF niti-
eating circumstances; that is to say, ad-
nit whatever will go to lay bare inten-
| ton and motive. 10. Permit presump-
! ton OF malice to be rebutted by proof.
IL. Simplify the pleadings SO as to do
| away with complex forms. u. Pro-
vide, as California does, for security for
costs in actions for libel and slander
-. Provide that there must be cousoli-
dation of actions where the same thing is
complained OF in several suits; this was
wisely made the law in England in 1883.
IA. Determine the place of trial, as in
California, where we require the action
to be brought in the forum of the defend
ant, or in the county where the injured
party resided at the time of the alleged
| otfense. This is the law also in New
York, New Jersey, Michigan and Ken
! lucky. 10. By law make it punishable
/ to give false news to a paper or impress
! its publisher with false statement. This
! is the law in New York; it should be the
! law IN California. The remainder of the
volume is devoted to the further consid-
Grafton of privileged publication, fair re-
ports of public meetings and statutes of
| limitation, which it is unnecessary TO
! further discuss in this column.
| Mr.. Hatch has done high service to the
! civilization of the age by his courage in
! compiling this little volume and supple
menting it with his ideas of what ought
! to be done with our libel and slander
codes. He THINKS vigorously, clearly
and directly, and he writes without any
/ involvement of ideas or confusion of ex-
| preston. He is entitled to the thanks of
| his profession and of legislators for his
| skillful work and thoughtful sugges-
| tionS.
The Worlds Fair jury after exacting
tests found DR.. Prices Baking Powder
absolutely pure.