New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-12
THE ELLSWORTH BILL.

THE ELLSWORTH BILL.
1t hardly need be said that The Tribune Is IN
entire sympathy with the feeling of Indignation
and disgust at the daily infamies OF yellow jour-
nalism which Is finding expression In the utter
ances of reputable newspapers and the action OF
library trustees. clubs and social organizations.
For the unanimity with which the press of the
whole country-for the slime Of the yellow pes
thence has extended from Maine to CALIFORNIA
has condemned and denounced these libellous
publications and their authors, we believe the
history Of journalism furnishes no parallel FROM
the weight Of that condemnation The Tribune
would not detract one iota, and possibly nothing
that It could say would give it added force. But
because public opinion Is so aroused. ana De-
cause the manifestations Of righteous anger are
so apparent and so hot. The Tribune ventures 10
make suggestion by way Of warning against
indiscreet and impulsive action. In the right
eous anger which gross Outrages upon puDhc
morals. private rights and common decency eX-
cite in the minds Of good citizens there is always
a certain admirable quality which makes one
think better of his fellow-men as individuals and
of human nature as whole. All the same IL
is to be remembered that anger. however right
eous and however provoked, Is fatal to correct
Judgment just conclusions and wise conduct.
1t is well to let anger cool before taking decisive
action. Otherwise the best Of purposes may be
defeated.
It Is a common delusion, and one, as The
Tribune has recently pointed out. that seems 10
have had an abnormal growth during the last
three months, that all wrongs and abuses can
be cured out Of hand by the panacea of legis-
lation. It Is a grave mistake. There are few
wrongs or abuses for which the good old Eng
lsh common law does not provide sufficient rem
edies, if properly invoked, without the interven-
ton of new statutes. The bill introduced by
Senator Ellsworth ito restrain the unauthorized
printing and publishing Of portraits or alleged
"portraits of individuals" has for its aim, as Is
we'll understood, the suppression Of one OF the
features of yellow journalism which have con-
tributed to make that class Of publications not
only offensive to good TASTE but crying shame
and public nuisance. And 1t is not to be denied
that public opinion approves the BILL The press
of the city and State, we believe. with practical
unanimity favor its passage. Indeed, the two
conspicuous offenders against which 1t Is aimed
have, after fashion, with grotesque cyniclsm,
given 1t qualified approval, each assuming that
the other is the sole object Of attack. The Trib-
une, however, though in perfect agreement with
its contemporaries as to the desirability Of the
end which this bill has In view, Is compelled to
differ with them as to its practicability or the
necessity for additional legislation on the sub
ject.
In point Of fact, we believe the bill as 1t now
stands Is in violation Of the Constitution, and
te 1,xvf op <oO
ing in its terms and certainly infringes the con-
sttutlonally guaranteed liberty OF the press. In
herenly 1t Is no greater offence to print the pict-
ure of a man without his consent than to print
his name without similar authorization. The
present law of libel covers carcatures Of the per-
son as we'll as printed libels No new legisa-
ton Is needed to make that form OF libel action
able. And this Is something that needs to be
borne somewhat carefully In mind In consider
ing the pending measure. If the men who have
been most grossly lbelled In these sheets by
caricatures and cartoons and scandalous charges
affecting their character and standing in the
community were to avail themselves Of the legal
remedies easily attanable, there Is no doubt that
through their prosecution for multiplied offences
the publishers would either be driven to bank
Tuptcy OF COWpelleU W menu tHeIi ways anu
show some regard for common decency. 1t
would be a great public service II the victims or
these piratlcal prints would for once sacrifice
their aversion to notoriety and bring the pub
fishers to book and to justice. So long as they
do not and will not yellow Journalism will run
its foul course. 1t is useless to enact new laws
on the subject. Laws do not enforce themselves.
The only effect Of the Ellsworth bill, If passed,
would be to add another absolutely dead letter
| to the statute-bOOk.
And perhaps, after all, the most salutary and
most effective remedy for yellow Journalism will
be found in the process now going on Of eliminat-
| ing 1t by the force Of a wholesome public senti-
| ment When it comes to be known that self
| respecting persons cannot be hired for any
amount of money to contribute to 1t, and repu-
table citizens avoid the sight and touch Of it,
| there will be an end Of 1t.