The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-11
PREsIDENT's ADDRESS.

Mr. Varian said, in part: The revised
statutes of Utah, popularity known as
the code took effect Jan. l. The laws
are contained in one book of superior
paper, type and binding, and with those
enacted by the last legislature, embrace
the entire body of our statute laws. 1t
is believed that the code commission
has done its work well, which the worth
and convenience of the book attest. The
changes and additions made to the law
in the revision will, in part, be treated
by Mr.. Shepard, and l pass from fur
Their consideration of the subject.
The laws enacted by the legislature
of 1897 are not included in the revision,
and attention may be given TO some
enactments.
THE LIBEL LAW.
One, designed specially for the pro-
lection of newspapers from the assaults
of those who have been Iibeled, de-
serves attention.
Generally, it provides for a measure
of damages in q case where the pub
LEGATION was in good faith, but if due
to mistake or misrepresentation of the
facts, and a full and fair retraction is
published as specified. A discrimina-
ton is made in favor of candidates for
public office who shall be libelled, in
that the retraction must be made edi-
torially. In all cases within the statute.
the legislative standard of damages is
defined to be actual.
1t is not quite clear that this statute
will have the desired effect. Passing
the question of a special law regulating
the practice Of courts of justice, it is
not perceived that the law of
libel in cases of newspapers
has been improved. Without the
statute, the law seems to be APP
plicable 10 newspaper men and others
alike, that only compensatory or actual
damages can be awarded under the cir
cumstances detailed in the statute
Just why any distinction should be
made between the penalties imposed for
libels by the press, and those perpetrat-
ed by individuals, is not clear to the
ordinary mind.
The great newspapers of the country
are very generally owned by corpora
tons, whose sole object of existence is
to make money. There is absolutely
no restraint upon their publications,
but by pecUniary penalties, which, if
enforced, tend to reduce the profits
They have no more right to protection
in their mad march over the lives ana
regulations of men than has the private
citizen.
After all, the true int1n, of this law
il it be one-is that whA:e neither mall
ice nor oppression appears, the meas
ure of damages shall be compensation
The difficulty is that particular class
Of persons who libel through the press is
distinguished, and as to them a rule of
evidence not applicable to other per-
sons or cases, is arbitrarily prescribed.
It is worthy of consideration whether
this act is not subject to constitutional
objection.
BY an act taking effect May H. 1897,
the statute of limitations was amended
charging the time. By an express pro-
vision of the revised statutes the
changes the statute do not apply to
actions already commenced, nor to
cases where the time has fully run. Gre
Vised statutes, No. $4,000 Thus a
grave question, involved in the uncer-
talnty Of conflicting authority, is sat-
isfactorily disposed of.
NEW MINING REGULATIONS.
One of the most important laws en-
acted IL 1897 was that relative to min
ing Claims entitled IAN act providing
fer the manner of locating and record
Ing quartz and placer mining claims
AS yet but one feature OF this law has
been before the courts. In state VS.
Monk, the provisions of section of
the act requiring the mining recorders
to deposit their books and records with
the county recorder within a specified
time, were held to be constitutional.
Indeed, it is not supposed that any pro-
vision of the act is in conflict with the
constitution, but a question of conflict
with the federal statutes may arise un-
der section .. This section appears in
the revised statutes as section .499.
and is as follows:
Within 80 days from the date of
posting the location notice upon the
claim. the locator or locators, or his or
their assigns. shall Go at least $50 worth
of work upon said claim. Every per-
son or company owning a group Of |
claims and doing the development work |
at one point, shall post a notice upon |
such claim Cat the discovery monu- |
ment}. stating where such work is being |
done
There is nothing in the language of