The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-12
GOOD SENSE AND GOOD LAW.

According to the recent ruling in the
Supreme Court of Utah in an Ogden
libel case, "every candidate for public
office is anenable to public and private
criticism made in good faith and based
upon reasonable and probable cause"
The theory is that. ''When a person be-
comes such candidate he is regarded
in law as putting his character in is
sue, in respect to his qualifications and
fitness for the office for which he is a
candidate
That is good sense as well as good
law. and it is maintained by long line
Of judicial authorities. When a man
presents himself or is presented by his
friends with his consent as candidate
for a public Office, he voluntarily holds
himself up to the searching gaze of the
people whom he aims to represent. If
there is anything in his personal char
acter or overt acts which render him
unworthy or unfit to occupy the place
to which he aspires, that is a proper
subject of criticism. 1t may rightfully
be discussed by the press and on the
platform. 1t is to the public interest
that he be known for what he is, and
that no mistake be made as to his char
acter and qualifications.
Of course this does not imply any
right to unjustly and untruthfully as
sail candidate for Office any more
than a private citizen who seeks no
such position. 1t is only the truth that
may be lawfully told. That is not libel
when published for a good purpose,
such as to warn voters against support
ing an improper candidate.
There is no justification for the viii
famous course often pursued towards
persons named for public Office. False
hoods are told with malice and evil in
tent. and the scoundrels who resort to
this species of warfare are thoroughly
contemplate. They are also liable to
prosecution for libel. whether they lie
on the stump or behind the shield of
the power press.
When a citizen is fired with an I'M
holy ambition to occupy position for
which he is totally unfit, it is not only
the right but the duty of the press to
show his unfitness and expose his pur-
pose. We notice that some of our Re
publican friends are talking now about
showing gratitude to certain individ-
uals for alleged services to party, by
voting them into places for which they
are ludicrously incompetent. When the
Democrats mentioned the debt of graf
itude owing to gentlemen who had re-
ally served the public faithfully, and
were emfnently qualified for the places
they were named to occupy, Republi-
cans hooted at the gratitude part of
the proposition and treated it with dis
daln. But Republicanism is not noted
Tor consistency and does not hesitate
TO shift on any plausible occasion.
There are some persons named for a
nigh position whose election would be
a disgrace TO the State of Utah. but
who are spoken Of on the gratitude"
idea, or the theory of political reward.
1t Will be perfectly proper under the
rullng of the Supreme Court to fully
Ventllate their true character and ac-
1ual lack of qualifications for the
place, for the good of the state and
the welfare of the nation. In that case
1t will be in order to act on the saw
ing: Shrink not from your duty how
ever unpleasant