New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-02

ELLSWORTH REFUSES TO AMEND III:
PORTRAIT BILL.
FEATURES OF AN INTERESTING DEBATE "hiOi
PRECEDED THE ADVANCEMENT OF THE
Nr.sI-Rr IN THE SENATE

FEATURES OF AN INTERESTING DEBATE "iic"
PRECEDED THE ADVANCEMENT OF THE
MEASURE IN THE SENATE.
Albany Anril 1SpeciaD.-Senator Ellsworth
brought before the Senate to-day his interesting
measure ito restrain the unauthorized pruning,
publishing circulating OF portraits OF h"esc'
portraits Of individuals" which Is generally known
as the "Ant-Cartoon bill" Since he introduced
the measure on February % It has had woven
into il some important amendments. The chiet
one Of these provides that the complaint must
come from the person whose portrait mas peen
printed in its present shape the bill says
Section l. No person. firm, partnership corp9i S
ton or voluntary association sha'i prih', pu III
circulate In any newspaper papor, III ~ mr. al
magazine. pamphlet or book an! p"tIaa III, ~ ~,
,bis state except fugitivcs from justice. without
having first obtained his or her w rittvn oo'o"' ~
such printing publication or clTcudtiO'I, ~
Section 2 The printing, publishing or circulating
Of the portrait alleged portrait of suGh person
or Individual without such consent III WrltinS sli"i
no n misdemeanor and shall be punishable by d
fine not less than $1,000 and by impriJonlnenf t tb
nerson whose portrait or alleged portrait mas peen
so printed published or circulated WITHOUT 9
consent of her or his attorney
The debate on the bill was begun by senator
Cuv Of Ney.-York who assailcd IT as an attack on
tho liberty of the press. 1t was first step towai"
muzzling the newspapers and preventing 'ho,'
from attacking political rogues in high places. II
such law had existed when Tweed was s'ea'ins
millions in New-YorI City 1t was doubtful II 'he
illustrated newspapers would have dared 10 make
sucb damaeine attacks on him as they did make.
Moreover the bill was injurious TO the interests OF
vorlngmen Thousands Of photographers "ouiu
be thrown out of work il 1t became law.
"This hill" said Senator McCaren. lis designed
10 prevent caricaturing. but it VIII not 40 ''h.'
No,hne can restrain the political cartoonist, ana
I'm my opinion, in public lie expect lo nave
pictures. more less distorted. printed OF 'he"i,
No nublc man of integrity has ever been harmed
by a caricature Tho bill is most absurd ana riulc-
ulous 1t should be beaten. for II is clearly u"co"
stitutional"
senator Ellsworth. in reply to these criticisms,
said that his purpose in introducing his pili was
90 insure the right Of privacy There had peer"
gross inyasions of the right OF privacy The por-
traits OF women had been printed without ther
consent. In support Of his assertion he mentioned
several such cases. and then read articles from
magazinos protesting against the promiscuous pub
LEGATION of portraits.
Here he was interrupted by Senator Guy, VINO
said. "Suppose. Senator a newspaper with a flash
light took a group OF persons, or took a group OF
peoplc IN a military procession. say, what Wouio
prevent one OF these persons If he were malicious
minded from having the publisher of that paper
That could not be done under this bin replied
picure of an individual, but the portrayal of a
.po Won mean &c tell me-" said Senator Guy. that
peop,e in it. were published 1t would not contain
The absolute portrait Of some person In that room
"WeiI" answered Senator Ellsworth grimly, IF
;his bill IS broad enough to cover such a case as
that 7 am glad Of It; for the publishing OF SUCH a
picture is one of the most garing infringements OF
the right Of privacy. when YOU consider that many
De cple in CourtroomS VINO nave not the sliSht-
EST relation with trial in progress
"Why do YOU protect criminalsY asked senator
Guy. c. ,,us,...h
"Desicnodly So" answered Senator Ellsworth,
for what l. the good Of portraying n criminal ,
"OnIv 10 protect the public against him. replied
Senator Guy. M, ,,,
what protection 10 the public IS it,? inquired
Senator Ellsworth us it not "A sicKly sentiment IL
ism which demands the portrait OF murderer
DO YOU not think the publication OF the picture
of a counterfeter forger who is at large may
lead to his arrest? c.-
Ellsworth. with a dogmatlc ar.
senator Wray opposed the bill saying that while
II was wrong in newspapers to print the portraits
Of people in private life without their consent. a
public man must expect the criticism contained IN
n cartoon. ,,,,
Senator Guy offered amendments killing the Dill
and limiting IL 10 women in private NE. nut they
were rejected He then offered an amendment eX-
emping cart coming from the provisions or the bill,
and said i'm support Of it that if the bill was not
aimed at cartoons the amendment should be ac-
ceptcd 10y Senator Ellsworth. ,.
The Senate voted Senator Guys amendment
and rejected it. and the bill was ordered to thrl
reading