New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-04-14
UNION SQUARE
NEW YORK
ITS FOLLIES LAID BAKE.
A HEARING on THE ELLSWORTH ANTI
CARTOON BILL

ITS EXTRAORDINARY AND MANDATORY PENAL
TIEs-FREEDoM OF THE PRESS AND RIGHT
OF TRIAL BY JURY DENIED.
Albany April 10 (SpeclaD.-The Assembly Com
mttee on General Laws gave an Interesting near
ing this afternoon Senator Ellsworth's Portrait
bin which prohibits the printing of ones portrait
without his permission. The chief address was
made by ex-Judge Lamoreaux. OF Ballson. Sara
toga County. who picked the hill 10 pieces Ad-
dresses also made by John T.. Mllholland.
Daniel Harris. president of the New-fork state
branch OF the American Federation OF Labor; sam
uel B. Donnelly president OF Typographical Union
No 6. of New York: w. =. Long. president of the
Iithographers' Association and James Ryan. of
the Photo Ergravers' Union. all in opposition TO
Sthe bill. There was no one present In IFS favor.
Judge Lamoreaux said in part: Why is this
bill necessary. in addition to the criminal law OF
the State? 1t has been said that the objection to
going into court with libel suit made this bill
necessary. But tina: Is no; the reason. An injured
man never fears TO 90 10 court. But II has been
suggested that a woman's picture MAJ be mprop-
erly published and that this bill is IL defence of
the privacy of women and Of the home. BY re-
ferrlng TO the Penal Code we find tina: there Is
now all the protection that Is necessary. The laws
of libel cover this point entirely and enable an in
jured party TO receive ample redress. Does this
committee desire TO place upon the statute books
a law enabling am person 10 recover for An act
which works absolutely injury? think not;
but this bill does jus. that.
This bill not only depr.ves the citizen of his
constitutional right TO freedom Of the press. but
takes away also the RICH: OF trial by jury. This
is the reason il is not made amendment to the
Penal Code III IL was such upon Indictment by
a grand jury trial 10y jury would be granted
Under this bill magistrate who has never seen
the inside OF law book nigh, impose penalty
greater by 100 per cent than that imposed Tor the
grossest libel. For the greatest libel the punish
nent is 500. and may be reduced 10 cents Under
this bill 500 fine one years imprisonment Is
compulsory. This bill Is not directed to wrong
publications. II practically restricts all publica-
ton and abclishes the business OF the most reputa-
BILE publications.
You know gentlemen, that the consent required
in this bill never be acquired The people
demand quick work OF papers. Within short
people demand that paper should be laid at their
door with picture Of tie man. they demand
the same Of any notable event In which many
persons MAJ be pictured. Consent Is out or the
question.
ment Is not discretionary. |. is mandatory. and a
magistrate ignorant of the law-ignOrant or the
facts perhaps-is directed TO impose either tins
great fine or Imprisonment. or both.
Samuel u. Dopnelly. representing the printers
and engravers of New-York City. spoke Of tho
rapid growth of the photo ergrayine business IN
trey wipe it out: lie rHtc'Ied TO rne cartoons IN
that 4, i~ ,liese harmless pictures which work
sooL rather than evil, that the bill would make
criminal publications. He depicted the work neces-
sary to produce picture as given to the public in
the newspapers. and showed how much labor
would be thrown out of employment II the Els
worth measure should become Il law.