The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-06-16
A JUST LIBEL LAW.

The tendency Of candidates. for the state
legislative bodies at this time affords the
people Of Texas an opportunity to do an
act Of common justice to the reputable ana
responsible prees OF the State. II can he
done by iupressing their legislative NOM
inees with the necessity for the enactment
OF fair and Just libel law In Texas.
II Is a popular mistake to suppose that
the general public are not as deeply in
terosted In the premises as the nowspa-
pers. The press is one Of the greatest cd
covery Of crime, promoter OF public
morality and a vigilant sentinel over tho
public's interests. To shackle the press is
TO impair iis usefulness. a censored pre- 8,
whether restrained by specially empow
cred individuals, or by the law, from the
publication of any matter of interest to
the public, Is relic Of barbarian.
We are treated to many high sounding
criticisms in this country of the tyranny OF
European governments IN lettering their
newspapers but today, in Texas, We have a
libel law, the exclusive product OF The
courts, that stands squarcly in the way OF
public Interests and operates outrageously
on the responsible press. At the same time
1t fails to stop the lie nao of the irrospon-
sble papers.
A recent decision OF the civil court of
appeals In this district, sustained by the
supreme court, virtually inhbits the news
papers from publishing any news relating
10 crime. For some time past the psaca
officers Of the State have enjoyed through
tho ''sheriffs column" the assistance Of the
press In the apprehension of criminals
Since the decision In question II VIII have
been observed that this assistance bas
been withdrawn In many ways the parers
could aid In the discovery Of crime and IN
exposing fraud and rasoallty. were 1t not
FOR this medieval. court made libel law in
Texas.
| The public should come to the help OF
the press In the interest of progress and
morals. The newspapers do not seek i'm
munity for their publications. What they
ask is simple Justice. They do not want
to be muloted in vndictvc or punitive
damages where the publication was net
made In malice, but In good faith, and
where they have shown Il Willingness to
| rectfy mistakes.
Secretary Warner Of the Cotton En-
change called attention in the columns OF
The Post some time ago to the statute In
New Jersey, which seems TO be fair one
by its provisions any person furnishing
libelous Information to any newspaper
thereby securing It's publication ls alb o
to fine not exceeding $500 or impr son
ment for two years, or both. Another p o.
Viso Is; "unless the plaintiff shall prove
elthor malice In fact. or that the defend.
ant, after having been requested by him in
writing to rctract u lbolous charge In "a
public manner os that In which 1t was
made. failed to do so within REASONABLE
| time, he shall recover only his actual dam
age proved and specially alleged In the
declaration"
NOT only have NO no Just statute on tho
subject, and are controlled by the 10 ,nl
decisions that would disgrace M English
court of n hundred years ago. but this con-
dltlon OF aiiairs has created a regular sol
OF lesai fharpies and shysters who liz IN
walt to harass ana prey upon solvent pa.
pers with damage suits when vor an hon
est mistake occurs In the Journals col.
umns. Even where trning judgments arc
obtained the papers are put to gelt cos,
and trouble in defending these actions IN
different parts OF the State.
The legislatures have been grossly de-e.
iict In their duty to one of the great
agencies OF progrcss in this particular, ami
the people shoult speak up. The reputable
press, subject to actual damages for or.
Fofs' viii never abuse its license-ani no
represslye decisions can check the abuse
Oh the journalistic field by irresponsible
free lances.
onder existing conditions responsible
newspapers are fettered. TO the publls,,
COST IN The way OF the publication of inn
pof'ant and legitimate matter. while the
,uuginent-proof concerns are left FREQ 10
'omit their sensations ana abuse uro, j,
helpless public.
Does this state of things not appesI =,
the intellisent judgment and pub 10 se,so
OIL Justice Tor rectincation?
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