The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-02-12
Those Pittsburg Libel Suits.

on the 9th of March last the Pitts
burg Commercial-Gazet published in
conspicuous manner the statement, in
detail that Senators Magee and Finn,
who We're then candidates for national
delegates, had sold out" to Mark Han
na This statement was subsequently
reiterated, editorially and locally, and
was republished in substance by the
Pittsburg Leader and Press. Messrs.
Magee and Flinr at once entered suit
against the responsible heads of these
papers for criminal libel.
The case against the Commercial-
Gazette came to a conclusion Tuesday
when it's manager, Mr.. Reed. and its
political reporter, Mr.. Christy, were
found guilty as indicted They ad-
mitted on the witness stand that they
received their information from Rich
ard Quay and considered that author
ity sufficient. On the other hand,
Mark Hanna. and the two prosecutors,
each swore that the story Of a deal Of
any kind was absolutely false Some
parts of the judges charge in this case
are worthy of reproduction. Judge
White said:
"Under the old law, although the truth
could be given in evidence in a civil action
for damages the truth could not be given
IN evidence in criminal prosecution for
libel; ana the theory of that law was that
the publication of truthful fact or state
ment against a man would be mostly like
ly to excite public trouble, lead to breach
of the peace. and men were not allowed to
publish even the truth by way of justit-
cation il crimina! prosecution Inc
Constitution of 1873 modified that old prin-
ciple of law, and | viii refer to 1t because
the defense here rests upon the ground
that this was u privileged communication
In the Constitution of 1874 the seventh sec
tion OF what Is called the declaration Of
rights reads as follows: The printing
press shall be free to every person VINO
may undertake to examine the proceedings
of the legislature, or any branch of the
government. and no law shall ever he
made to restrain the right thereof That
prohibits the legislature from passing any
law restraining the freedom of the press.
And it continues: The free communica-
ton of thoughts and opinions is one of the
invaluable rights Of man; and every citizen
may freely speak, write and print on any
subject'--what follows ?-'being RESPONSE
BILE for the abuse of that liberty 1t
doesn't give free license to the press or
to any person writing for the press, or
publishing books or pamphlets, or any
thing else. 1t simply prohibits the leg
islature from restraining the publication
of articles or the expression of opinions
and views, but leaves the parties respon-
sible for the abuse of that liberty. That
may be either by u civil action for dam
ages, or l doubt not, by a criminal prose
cution for libel. Then it adds: No con-
vction shall be had in any prosecution
for the publication of papers relating tc
the official conduct of officers or men in
public capacity, or to any other matter
proper for public investigation or infor-
nation where the fact that such publica'
ton was not maliciously nor negligently
made shall be established to the satisfac-
tion of the jury"
Judge White also said:
"Thera is a great mistake on the par
of political writers and newspaper editor!
and reporters as to the meaning of thi:
constitutional section. Sometimes they
think, or act as If they thought, it gave
free liberty to publish what they please
That is not the meaning of the section
Sometimes they think that they can heal
something on the street derogatory to the
charcter of a man or woman, some
thing immoral or improper relating tt
their private character, and they seen
to think they can publish that as new
of the day. They have no right to pub
lish it at all. 1t is an abuse of the press
it is an outrage upon citizens to publisl
these scandals and gossips derogatory II
the character of private individuals. The!
have a right to publish proper criticism
and truthful facts in reference to an.
man holding an official position in a com
munity, or any man who is a candidat
for office; and in this case, here wer
two men, Finn and Magee, candidate
for the national convention to nominal
president of the United States. The.
were in that public position where
truthful publication in reference to then
would be proper or where they subjec
themselves to fair and honest criticism
but the newspapers have no right to pun
lish lies concerning them. 1t is a com
mon thing in this country, and it is a dis
grace to our press ana a terrible publ
evil, that political newspapers will pub
lish all the gossip they hear in rcferenc
TO candidates and men in public pos
tons. They seem to think that they ca
catch up anything that they hear deroga
tory to a candidate on the other side an
publish it in the newspapers. That thin
has been carried so far that when ther
is publication of that kind very few be
lieve it, because the papers are so muc
in the habit of publishing lies in rel
erence to candidates that very few reac
ers place much confidence in what the
say. I say 1t is terrible degradation I
the press and disgrace to all those cor
nected with the press. 1t VIII not do I
publish lies against prominent men sin
ply because other newspapers are in tn
habit of publishing lies. 1t would be fa
better for the country if the newspaper
would contine themselves strictly With
what this constitutional section authorize
Ito publish information proper for publ
investigation or public information, pul
lish facts, not what they may pick up frol
anybody, what some interested part
may tell them and then on the faith {
that man publish it to the world as
fact"
The same idea, perhaps more crisp
worded, is thus uttered by Senator Nj
gees paper the Pittsburg Times,
its comment upon the case:
The newspapers necessarily have vei
large liberty in commenting upon al
criticising the actions and motives
public officials and the candidates f
public offices, but that liberty does n
imply a license to SANDER and to
about them. 1t does not open the do
TO maleyoence, malice and falsehoo
1t does not compel the man who engag
in politics to become the unresisting Ia
get of every accusation which those WI
are opposed to him may imagine will fu
ther their interests. A newspaper m;
freely indulge in criticism and may expo
acts of his life which would not be pc
mitted in the case of one who is in pl
Vate station, but it must confne itself
the truth, or to what it has substanti
reasons to believe to be true The mi
who enters politics does not, as sor
suppose, surrender his reputation, and {
law, upon his taking that step, does n
grant immunity to every liar to assail hi
The liberty of the press is one of I
greatest bulwarks of freedom, but I
abuse of that liberty and its deterior
ton into unbridled license is a criI
against the public, inasmuch as 1t ro