The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-07
ELLSWORTH BILL A CRIME.
DAVID n. HILL TEARS THE NOM
sTRosITr TO TATTERS.
70 seeis % Establish . Fantastic Censorship
sr the Prsss with spanish Punishsents-
naashipG Private GrpaEes ss Pusito 1n-
tsrost - Unconstitutional and Dangerous.

RlsshiuG Private GrsaGes &c Pusito En-
t.rest - Usconstitutionai ard Dangerous
ALBANY. N. Y, March 5, 1898.
m. John n. Farrell. Chairman Of the Special Com
gfttee OF the Nct1 York Press Assocfdtton-
NY DEAR Sir: 1 am in receipt OF your es
teemed favor OF the Sd inst, requesting, in be-
half Of tho special committee Of the New York
Press Association, that I give my views in re-
gard to tho Ellsworth newspaper bill now pend
ing in the Legislature. Last week, after q
hasty glance at tho measure, l briefly eX'
pressed my opposition, to which action you SC
kindly refer. Agreeably to your request, I have
now carefully considered the bill and cheer.
fully present my viows-from legal and other
standpoints-of tho provisions Of this most ex-
traordinary measure, with liberty to your
committee to mako such use Of my conclusions
as you may desire. You need not express your
obligations. II ! am able to.be Of the slightest
service to your cause I shall regard myself as
amply rewarded.
Permit me to observe Mt the outset that It Is
no wonder that tho newspaper press OF the
State IL substantially unanimous against the
Ellsworth bill. The moro It Is examined the
moro dangerous. absurd. and unprecedented Its
crude and startling provisions appear to be.
EXISTING LAW Is AMPLE.
The FIRST pertinent and sufficient objection to
tho measure is that It 10 wholly unnecessary.
The existing statutes are ample for the protec.
ton of every public and private right affected
or injured by improper newspaper publications
Of every. kind and character. and no further leg
~islstion is really required.
The promoters of this bill cannot BIO aware
Of the broad and comprehensive provisions Of
section 242 and accompanying sections Of the
penal Coda xvberebv everv Individual Ia al.
y..dv protected from newspaper ubellous at
t,cka and Afforded a publio remedy through
chs proaecution and punisbment of the offending
narties In addition IN n nrivate remedv nv ac.
t,on AZ law. Tho present statute. which has
existed for many years and proved reasonably
satisfactory to nearly everybody, defines a
hpei AZ toiio"s' a maiicious puoication, p'
wr,tine' printing picture. emRy' sien' or otner'
Wise thah ny hete Speecn' winch eAposeS any
living person. or tne memory OF any person 40
ceased' 70 hatreo' cohteupt' riuicuio' OF ooio-
guy or "hioh causes OF Venas 10 cause any
person 10 Do shuhhea OF aVoioeo' OF winch mas
. penuehcy 10 inJure any person' corporheion'
OF esSociaeoh Vi persons, ~ ns U their pusi'
ness OF occupa'ioh' ID ahoe' anu is puhSh'
eoIe as u hisoenieahor.
ms statute ihciudes picturee' an o''theretore.
covers onensiVe carlcatures OF every form anu
nature whereby ahyoouy is rioicuiea OF otnor-
"iso INJURED. Inc 'heory upon "hach Ill" Ellis
worth III L iast year was urseu was tha1 'here
was nc Adequate STATUTE 10 reacn OBNOXIOUS
carlcatureS. anu Set th's provision OIL inc renal
Sooe "as.'hcn 'h.iorce anu 10 s.ii Jaw, SUM
cieht tor every sincere purpose Oh iesit'ha'e
prosecution.
reiterate that tho eAlstlng 10" Is ample TOT
me protectioh OF any Individual ana anords MIN
q perfect remedy TOT any wrong "hich ne may
surfer at the hands OF the press In case he VIII
only aVah hih,seif OF itS provisions. IL ne re-
.iao. IT. law 49, Ia, - =
asked to helm those who will not helm tbem.
selves.
-,
o fonIo'
But 1t Is said that the Ellsworth bill is de-
signed TO cover instances where no particular
'ndiViduai mas oeen injured by an alleged i'm
proper publication, but where the public at
large Is supposed to BIO hurt.
Inc Dill Is thus urged for the benefit OF no
one IN particular, nut Tor everybody in.general.
III hr'ns IN the air. 1t Is seeking a remedy
Tor Imaginary grievances. 1t is introducing
new features OF Il patornal character over whole
communities. The public is thus to be pro-
footed from Itself, by a legally ordained guir-
dianship over the minds or morals of the peo-
PIC. why not better establish an official cen
sorship at oncei 1t is strange, extraordinary
and unprecedented legislation. for which there
is no honest public sentiment ut its back. The
general impression seems to prevail that no one
is demanding it except a limited class Of poli-
dcinns, who, smarting under the cxposures,of
their misdeeds, have not the courage TO prose-
cute on their own individual account. but seek
to unload their alleged grievances on the pub
lilo at large; and even they have not dared to
openly ayow their responsibility for the meas
ure. although they clumsily conceal their
eagerness for its passage.
FANTASTIC CENSORSHIP OF MORALS.
Th. a-.t soo,,o, ~. .ho HI, s.-..
n.rson m a;th.r ~ n,,Dni,oI $500
Surts ~ .nnoaossn ,ha hnsinaas s.tn ~
,ishino nrintira s.,I,na d;.tr;huttnn "
,Nno anv ucent;ous ina.o.nt go, -
nr,vsd n.ner mr. n nonor Yhtoh $1,000 w
nr.ve, dogrodos or iniur.. ~ hos tan, 40
to corrrnt denrave degrada ~ tnt,'na ~.
m,ns. ~ ,oorai. -, a.. Snn $3.50. "o
.niIty ~ . misd.ms.ror T o,,.o a.. 49,,
i.no,.a. n, . n.no, &C.,. 1900 "a n'
.-,Sa ava uno.rtatn Ius.oaS 20 !. 90 .o1so,
- ,hr. ..oIonr ~. ..a.sr~. empio'.ne
ID kA tNS VA hlt hAd