New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-07
nrNOrTNCED BY Mr.. HILL.
TEARS THE ELLSWORTH
NEWSPAPER BILL TO sHREDs.
,vrrsrrcE. THE LACK OF NECESSITY FOR
- IT'S EXTRAORDINARY FEATURES AND
TIE ALLEGED MOTIVES De

TIE ALLEGED MpiiNfs bf--
HIND 1T EXPOSED
.u,-r March (SpecaD David p. Hill. In
,.,,.r addressed 10 John II. Farrell chair
., a special committee recently appointed
~ ,hs New-York Press Association TO oppose
-. ellsworth Press Gag bill. attacks that meas
~ an severe terms. Mr. Hills letter may be
...;dsred as reply to Richard Crokers state
- 60, IN Yesterdays newspapers favoring the
ellsworth OIL" o, ..,o,,,s ,.o
lance which they don't have now. and this
., .. designed to protect them. II the news
~. treated public men as they should there
ia he no need Of such a law. and it would
~ proposed. 1t is a good bill. and am in
favor OF H. ~
" Bil in his letter no doubt has Mr.
n.,,ar somewhat in his mind when he says
srhs,e are many good people throughout the
s..,. who regard horseracing as immoral. and
!, heir capacity jurymen would conscien-
.,,rs,v SO determine in case they were called
.o, "a decide the fate OF a newspaper which
.sro,a,ed or approved such occupations and
.-,rsenents or even published the results
80, Is there not some danger that the
.,,,or.ers OF this unusual bill will find that its
s-av,s,ons may return TO plague themselves OF
heir friends in the future?'
~. Ellsworth bill is now on the order Of third
...dng IN the Senate. 1t may be acted on by
.,., body tomorrow night. Some OF the Sena-
,o,s are saying that 'out OF courtesy to Mr.
rrsrorth" they intend TO vote for ii. How
-,sny there are who have adopted this attitude
,,,not be learned. for there has not as yet been
sny test the bill.
IA. first pertinent and sufficient objection to the
4.lg Nall Ar
eng statutes are ample for the protection OF
,s- hubble and private right affected or injured by
,,,ron4r newspaper publications Of every kind and
As-.c,ar and no further legislation is really re-
CURED 49,,
IT.. nron,oters OF this bill cannot be aware OF the
hnad and comprehensive provisions OF Section 24Z
"a ACCOMPANYING sections Of the Penal CODE
r.-obv every individual Is already protected from
.a,,snaner ubellous attacks and afforded a public
,,re5v through the prosecution and punishment OF
,bs offending parties in addition 10 private rem
.av by action at law. The present statute whlch
hos existed for many years and proved reasonably
~a,,s,sc,ory 10 nearly everybody. defines libel as
follows; a malicious publication, by wiring
prn,ing picture efiigy, sign or otherwise than 10y
r,ers sneech. which exposes any living person, or
,ha memory Of any person deceased 10 natred'
contempt. riilcule or oboquy or which causes or
tends 10 cause any person TO he Stunned or avoided
or which has a tendency 10 iniure any person. cor
noration or association Of persons in his or their
business OF occupation is hoe" anu i P"S'
able as a msdenee nor.
This statute includes pictures and therefore.
sovers offensive caricatures Of every form and
nature whereby anybody IS ridiculed or otherwise
injured The theory upon which the Ellsworth bii'
AZ last wear was urged that there was no aoe-
oua,e statute 10 reach obnoxious carcatures and
"; this provision Of the Penal Code was then IN
force and Is still law. sufficient for every sincere
rrrrose Of legitimate prosecution.
But IS said that the Ellsworth hill is designed to
coyer instances waere particular individual has
bsea injured by an alleged improper publication but
where the public at large is supposed TO De huiI
II. genera Impression 10 prevail that no one
is demanding {; except limited class of politicians
who smar;ng under the exposures OF their mis-
deeds have not the courage 10 prosecute on their
own n.,vidusl account. but seek to unload their
alleged grievances on the public at large and even
they have not dared 10 openly avow their respon-
s!baiy for the measure. although they cumsiy con-
zeal their eAgerness for it's passage.
ALL LEFT TO CHANCE OPINION.
Who can say with accuracy what has "a tendency
70 degrade or .njure the minds or morals OF the
ruhIic"e A hundred men liable 10 have a num-
5,,j different opinions on such matters 1t opens
a vast fed OF controversy. The language is 100
vague too broad too unsatisfactory. TOO indefinite
Tas.e are many good people throughout the State
who regard stock gambling. athletics, glove contests
h4tiog on elections, horse-racing, poker-playng,
elrcus performances mask balls and sunday base
ball games as immoral and in their capacity as
Iurymen would conscientously so determine IN case
they were called upon TO decide the fate OF news
paper which advocated or approved such occupa-
IONS and amusements. or even published the re-
suits thereof Is there not some danger that the
spo,or-e-s O, this unusual bill will find that Its
provisions may return 10 plague themselves or their
friends IN the future? Everything that person
regards as offensive or improper is likely to be re-
gar9ed by tina; same person as tending 10 IMPURE
The minds or morals OF the public
ALL COVERED IN THE PENAL CODE
Much stress seems to have been laid on the fact
that I, purports 10 protect the public from IL
centious and indecent" newspapers. and II mas
been rravei argued that its object is 10 suppress
obscene and disgusting literature. which. while
I, cannot ~ said 10 :njure any particular moiVlu'
ual for which a suit can be maintained or prose
cu.ion be instituted Dy him. yet II inilic's pun
IL wrong for which public prosecution j. P''
posed 20 be authorized by this bill But TINS eH-
viii not answer. II is begging the ques''o'i
and giving AWAY the whole The promoters
q this scheme know ought 20 know that there
is already upon the statute books an eiaoo' a'''
ample severe and adequate law covering inc
whole subject Of obscene lcentious and indeceh.
serature which Is TO be found in Section 81 OF
The Penal Code That section IS as follows;
person who sells lends. gives away, or OFFERS TO
sell lend give away or show or mar ia
bis possession with intent 10 sell lend or
give away, or 20 show. or adveruses !"
any manner or who otherwise offers for Ioah'
git sale OF distribution any obscene iew1' las
avloas. filthy indecent or disgusting DOOR, maya
rls pamphlet newspaper, story paper. wrluhs'
paper picture drawing. photograph, nsure OF
image or any written or printed matter o, an
hd.cent character; or any article or instrumen,
Indecent or immoral use or purporuhk 10 pe
q hide zen. or immoral use or purpose, OF MO
:sSns copies draws. photographs prints utte rs
pssashes or in anv manner manufactures or pre-
PARA any such book picture. drawing, magazine.
.Spt.t newspaper. story book. writing pa Pho
nses image matter article or thing' OF VINO
Whites prints publishes or utters, or causes 20
snn printed published or ulie se , any ma
ION Directly or indirectly, stating or purporuns
80 70 do where how OF whom. or by what means