New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-21
AFTER VICIOUS JOURNALS.
SENATOR ELLswORTH'S BILL TO SUP
PRESS "LICENTIOUS PAPERS"

YEARS AND PUBLICATION STOPPED
FOR SECOND orFENcE-rIr-
TIE PROOF REQUIRED.
Albany Jan. Ex-senator Ellsworth to-day intro
duced q bill entitled An act to prohibit and pun
!sh the publication end dissemination Of liccntous.
indecent and degrading napers" II Is not strictly
an,,-car,oon bill but It provides that any person
who. principal or agent, conducts or engages in
the business Of editing. publishing printing. selling.
distributing circulating any liccntious. indecent
corrupt. dcpraved or libellous paper. or paper
which corrupts. depraves degrades or Injuries the
minds or morals OF the public. or OF its readers,
or OF the people among whom Il c!rcuates shall be
deemed guilty OF misdcmeanor. on conviction OF
any such offence. person shall be punished by a
nne OF not more than 81 900 or by Imprisonment for
not more than one year. or by both such fine and
Imprisonment for the first offence. and on convic-
ton OF any subsequent offence shall be punished
by imprisonment of not less than one year or
moro than five years and. in addition thereto. the
defendant and his agents and employees shall be
prohibited thereafter from publishing. printing
selling distributing such paper any paper OF
the same name II the defendant is domestic
corporation. its charter shall be forfeited II for
eign corporation II shall be prohibited from doing
business in this State. The judgment upon any
such conviction shall state the prohibitions and
forfeitures and person who violates any pro-
vision OF any such Judgment is guilty Of civil
contempt to the people Of the State OF New
York. and may be punished therefor. according to
the provisions OF tho Civil Code
Every paper published. sold or distributed shall
contain q printed statement setting forth the
names Of every owner publisher editor OF such
paper. II the owner. proprietor publisher OF any
such paper is a corporation such statement shall
set forth the name Of the corporation the county
State in which IL is organized, and the names Of
the president. vce-president. secretary treasurer.
managers and other officers and the editors Any
- Nth.
utes or circulates any paper which fails to contain
the statement; above required IS 10 be guilty OF
msdemeanor. and on conviction is TO be punished
by fine OF not more than 1900 or by .mprison-
ment Of not more than one year or by both such
fine and imprisonment. Upon the trial OF any in
dictment for an offence under the first section of
this act. statement in any paper that the de-
PENDANT IS an owner. proprietor. publisher or ed
itor thereof Is 10 be presumptive evidence OF the
fact stated.
An indictment for the violation Of "A provision of
the first section OF the act may be substantially in
the words Of the statute, and need not specify or
set forth any particular document Issue or number
OF any such paper nor any particular matter con-
tsined therein. but shall state the name by which
the paper is commonly known or shall otherwise
describe and identify II and shall the period
of time within which the defendant IS charged
with having carried on the prohibited business.
Upon the trial either party may put IN evidence
file OF such paper for the period of time stated In
the indictment or for any part Of the time. or any
particular issues or numbers thereof. any
tracts therefrom. The jury may find whether the
offence has been committed from such evidence
without proof that any particular person or per-
sons have been corrupted, depraved. degraded or
injured. On the trial of any Indictment for an Of
fence under the first section OF the II shall be
sufficient TO prove that tho offence charged was
committed during the whole any part OF the
period set forth in the indictment
The Distrct-Attorney Of any county,, IN which
a prosecution trial for violation of pro-
visions Of the act shall take place shall appoint
the counsel designated by the person making COM
plant TO assist him in the prosecution. provided
the expense Of such employment shall be paid by
the complainant and shall not be public charge.
Any offence committed in violation OF the pro-
visions Of the act shall be proceeded against and
the indictment shall be tried in any county in
which the paper complained of circulates and
such action shall be removed to another county
except on the ground that fair and impartial
trial cannot be had in the county where the In
dictment Is pending. But defendant shall be
tried in more than one county for the same off,
fenl,
Whenever there shall have been two or more con-
victons Of any person. or two or more separate
different times Of Section of the act with respect
lcentious paper. and the publication and circu-
lation thereof. and of any paper of the name
hsh. print sell distribute or circulate any such
Ncentious paper in violation Of the provisions Of
this section shall upon conviction be subject to
the punishment provided in Section for sec
ond offence.
Whenever judgment has been entered for
violation of Section of the act second Of
fence whenever a paper is deemed TO be o IL
cent.ous paper II shall be the duty of the Attorney
General 10 bring an action or actions against the
officers and propretors thereof and all persons en-
gagged in editing. publishing. printing selling dis
fributing and circulating the same or any OF them
TO enjoin them from doing. and II the defendant
In any such action is a domestic corporation or
association forfeit its charter, according 10 the
80 he CnAa nf Nitn a
Judgment rolls, certified transcripts thereof
Showing conviction for a second offence. or SHOW
ing two or more separate convictions OF different
persons for violations at different times of Section
j Of the act, with respect 10 any paper shall be
conclusive evidence TO the Attorney General and TO
any court In which such action Is brought. that
such paper is a lcentious paper and that such m
junction should be granted, and In the case or a
domestic corporation that Its charter should be
forfeited. .,,
The word person. used in the act, is TO include
any person partnership. corporation. association
and any officer Of any corporation or ASSOCIATION
engaged in the business prohibited
The word paper as used IN the act IS 20 inc I
any newspaper journal serial. magazine. periodicai
and any publication Of any kind