The sun., 1898-02-20

that after there have becn two cnnY,rrtions ~
ne ne sane person or Of two diferont persons for
hns been thouRht tended to corrupt the morals.
my ono theIoafter who has anything whatso-
shall tho sS gS
81; snai oS held e DO licentious paper because OF
can Snne th, pSphh,Satons and no person thereafter
"Whenever there have been two or moro con-
deemod TO be q licentlous paper. No evidence,
ecnrss, y REQUIRED. for II virtually means that
conclusive evidence that this paper ] Is o stiii
q .oS So Of sHy of the same name Is declared
"a "Thsss provisions are sufficiently strenuous
sTt,o,.no e5a s,Snorpni II character to call for some
the third section the intention developed to
SShnnFo the whole criminal law, not only OF the
j. in 90 fsr Obtains s 'hS IN xSFossRon SSIS
countries; ogs ~ We find every Fundamental pripci.
down. And what is The Ge irst ehanssi @ ,Gs'a Il s
GhsnEe IN tho Indictment. But before go on to
indicate the changes M in the mode OF trial may
the constitutio onal points.
81 have already shown. imagine, sufficiently
provisions OF the Penal Code that there can be
no earthly necessity Of any such legislation as
that suggested in the bill now before you. That
natural Justice Is necessarily involved In the
discussion OF the CONSTITUTIONAL points, SO shall
not discuss that point separately; but will
state briefly what we contend as to the uncon-
stitntionality Of the measure. -
1t 10 In tho first place that this bill violates
new sonstitution Of 1894 as we'll as in former
speech and OF the press. 1t is 5ho provision con.
tained In section 8.
etzenp ses he
publish his sentiments on all subjects being re-
Sponsible for the abuse of that right and no law
shall be passed to restrain or abrdge the liberty
eaons libel the Pnth RSs Se
pear to the jury that @ the ' matter att charged as
libelous 10 true, and was published with good
@ sS
to as.srmine the law and the Iact
the press or. the liberties OF the press, this
law now under consideration does SO abridpe
strain @ D' Il. s aud % one could not Pfess easily F @
agine measure more clearly desiHned to
& ts S Ss
constitutional guarantee OF the liberty OF the
al e The ns 9 the
as at the time Of the first amendment to that
grand instrument, the Federal Constitution.
tees were all very well in the formative period
Of the conntry's history, but now they may be
them That, to- to my ' mind. Is is dazzling I Theory. M
Let US see what one or two great authorities
have have said about this safeguard. Twill Be very
have many engagements. Judge Cooley says Of
this same guarantee found in the first amend
against unfrendfy legislation by Congress Is al.
important, but as being essential to the very ex-
s:e1ee and psrPs.GitSy Of free
the summer Of i7ss. when the Federal Congress
met in the city Of New York:
1.-THE right of freedom OF speech is secured
be beyond tho reach OF this Government
What did the great Hamilton say in 1904
a few provisional troops The road to tyranny
will be opened by making dependent Judges. by
packing jures, by sitting the press, by silencing
but it is hardly worth while % argue to a
committee OF the Legislature OF thfs great State
in favor of the principle that the freedom OF the
| press. the liberty OF the press must be upheld.
| Can any one of you gentlemen read this bill and
the freedom OF the press, that it does not arbi-
trarily interfere with the liberty Of the press
lates the first article of the Constitution. sec
| tion l. which declares that no member of this s
State shall be deprived OF any of the rights o or
law of the land or tho Judgment Of his peers;
and also that it violates section 6. containing
son shall be deprived Of life, liberty or proper.
| ty without due process of law,
I've claim that the provisions as to the in
dictment and as to the proof, and as to presump.
tive evidence and as to conclusive evidence. all
violate that section OF the S n on which ba
| they provide for something which is not due
| process of law. and which takes from us our
| fair trial. / presuide that it will be conceded
| that the Constitution and the laws guarantee to
every one sufficient notice and a fair trial and
a." The sist Of a libel lies in its publication.
is bs not @es a asi OF Of hs
this bill you don't have to show when OF
where the h crime was nj tee The indie
| terms as the language of this bill. This is con.
trary to every principle of natural Justice and
| jury Is not obliged to find that any particular
| persons morals have been affected. No proof
conHince win the jury that the publication may
| tend to injure somebody's morals. This Is
clearly unconstitutional"
Senator Lexow-Onc article would not be suf
| fcient to bring paper within the terms OF this
| act. It must be a habitmal offender.
| Rravamen OF the offence, which is the business
of editing or publishing such paper This
The theory on9yhich the bill is based is that this
business should be condemned;
Col lin !s to that the IN
| But whatever may have been tho intention ol
| the distinguished senator who drew it. tho bill
| itself must be judged by its terms. must ad
| hero to the view that under those terms single
article would be sufficient for an indictment to
| re found. Now, this bill speaks OF a second Of
fence. II the offence is com lnuing one. as tho
Senator suggests. how can there be second
senasSr EsSoTthif ssn person is convicted
once and. after punishment and release. again
engages in the same business that would const
tute second offence.
Col. Bartlett-One of the main objections tc
this bill is that it attempts to establsha general
| crime instead Of making It specific. You cant
| punish people for general badness
Senator Lexow-Why Is it not right to punish
| man who carries on the business OF corrupting
moralsf
Col. Bartlctt-I would do so, but you must try
| him for specific offence. don't believe In
general offences.
Now let me discuss for n moment the gen
eral question OF what docs corrupt public
| morals. That offers a wide fold for difference
| OF opinion Some might say that certain scenes
corrupt morals. Some might say that scene
| in which the heroine. having been somewhat in
discreet with one OF the male characters. hnds II
necessary, to kill him and kick his body under = q
| from one OF our leading novelists Surely nc
one could indict. even under this bill. maga
the installments of the story :,t Of Lad, Lad
such questions concerning public morals tc
| jury In some remote part OF the state. some
| crimes may be committed in two counties, bu
where a crime is committed in one county be