The sun., 1898-02-20
4 FREE PRESS.
snpaeh Of tho Hon. Franklin
Bartlett on Feb. Is.
FIRST PRINCIPLES OF FREEDOM
Timely Instruction for
the Day.
LIBEL LAWS ENOUGH.
Tbs Ellsworth Bill Not the Way to
Deal With Yellow Journalism.
uRsr PRINCIPLES OF FREEDOM.
LIBEL LAWS ENOUGH.

..o.tion 10 what is now popularity known as
.ss Ellsworth bill, or the ELLSWORTH Lioei Dill.
a..- Wv sor THE Sun Printing and Publishing
.epv "S,.,,on the owner of THE SUN and THE
1.r,,rxa n.,, SUN. published In New York.
n,,r oh,ections to this bill. TO this proposed
NV be grouped under three heads. In the
NV, 49, ,,,ce. We claim that tho legislation Is un-
.,..rv. in the second place, that 1t violates
- nr,nciple Of natural Justice, and in the
49, nlaee that 1t Is unconstitutional. and, be-
-. unconstitutional, is void and beyond tho
- ..s ~ the Legislature to enact-that 10. In
~, sens, of making 1t q binding law. or course
s..orIa not assert for one moment that 1t Is
-, ri,bin the power Of the Legislature to pass
49, ,ct however unconstitutional. II 1t secs 1T
- do But shall endeavor briefly to state
a.. ohisotions which have just outlined and to
sonv,nce this committee that such legislation 10
~, onIv unyise but is pernicious and unjust In
character.
.one would imagine that we had no libel law
,,on our statute books; one would imagine that
,hsr. was no law against obscene literature. for
am told that the word 'libelous' is to be
,t,,cken out, so that the inference may be drawn
tho, II does not strictly apply to tho law Of libel.
Nov. the law Of libel embraces nearly every
wrone. there being but few exceptions. which
4, committed by the use Of words either written
ar printed, and in the great case in the English
Court Of Appeal, in which Charles Bradlaugh
and Annie Besant were the parties accused, it
was laid down by the learned Judge who wrote
oue of the opinions that libels should be divided
into seditious blasphemous. obscene, and de-
famatory libes.
.I know that in the ordinary acceptance OF
tbe term the law OF libel is supposed to apply to
deismatory libel simply. But such is not tho
rule technically. The law of libel embraces all
obscene literature as we'll as defamatory matter.
Now. let us see tho condition OF the law rs it
stands to-day which we find in the Penal Code.
and | think gentlemen. that YOU will agree
with me after have read the existing law that
II is sufficiently drastic. that it is sufficiently
severe, that It is sufficiently harsh to guarantee
to every citizen who is libelled or damaged ade
quate redress
"It we turn to chapter 8. section 242. Of the
Penal Code, we will find libel defined. The def.
milton there given would seem to me as broad
and at the same time as severe definition rs
can be found stated by any text writer or as has
ever been given by any Judge.
at reads:
"Lnz1 pEYSrp--A malicious publication, by writ
ing printing picture eflgy. sign. or otherwise than
by speech. which Exposes any living person,
the memory q any person deceased, to hatred: con
10 cause any person to be Stunned avoided. or
which has tendency to injure any person corpora
tion or association OF persons, in his their bust
nfs or occupation. is libel
Section 243 says that person who publishes
libel 10 guilty OF misaemeanor. Section PAS
defines publications. II is not necessary to read
Il Section e46 states the liability OF editors
and others. Section 2i7 relates to the privilege
otPubiishing true report Of judicial or other
public and official proceeding. and is in subs,an.
TALLY the language of the Code of Civil Pro-
The law regulating obscene prints may be
found under chapter T. section 317 and reads:
person who sells. lends, gives away. or shows. or
ouebtosel lend give away. show. has in his pos
sssien with intent to sell, lend. give away.
snow or edvertses In any manner, or who otherwise
lewd. lasc!vious filthy Indecent or disgusting book
@ @masnine, pamphlet, newspaper, story paper. writing
paper picture drawing. photograph figure. image
% ahy written or printed matter OF an Indecent
ennaiaaer; ni or who prints. utters. publishes.
sss,oN ,sSEs gives away or shows or has in his pos.
sesnVn win intent to sell lend, give away. or show.
@ h oners FOR SALE ioan gift or distribution
any book pamphlet, magazine, newspaper, or other
spsy made mp of criminal news. police reports. or
seeIunt 0l trmina deeds, or pictures stories OF
dsmeanor " e'' "a w
:, Inc second paragraph of the third section
y most severe in its application to any
ieSSgaper ies rsp which publishes any indecent po-
WI when | was requested not to oppose This
s!n,,i., o,. ! was informed that 1t was designed
puriSnt pubc,tians aim at police gazettes and
tSSf tSSer every possible phase of bad newspaper
san,Sht snat might affect public moralsf So confess,
coao cSs1aogTinen. men. that when ! examined the Penal
WSvSe Wb why THIS legislation should be demanded.
co,no mmo ASKS for III What public demand has
SnrS SIs 70, 70 me legislature OF the State OF New
now under r1e easctment Of such law as this
r,on you see that, beyond doubt, there are now
tie ne statute book provisions adequate for
IA NJ, OF the citizen and tho community
%npt - no, that enoughi All, gentlemen. the trouble
tbns n; proposed legislation. this projected law
zen and S,rSes a,,a down the safeguard OF the cti
tbs @mu attempts to nullify the guarantees Of
III .33nstltution OF the State of New York and
bssasl bansl ehaeayor to show that my statement is
very lapn,ne l1n inc provisions Of tho bill and the
Wjtb,n n,hhguage therein embodied. We have
riety ~ cs;n rev pages grouped together va
mo:, -. ~ crimes with penalties mingled In the
'"o1t inntastic manner "
apythinno ntst place, tho main crime is to have
Iiiininng whatsoever 10 do with the nrintjn@ mr.
asoradah o. newspaper. not that it is corrupt.
some cons, ,avpfaved. or indecent but that by
ton,e,pstr obstruction In the minds OF some iury
Spate "here In one OF the sixty eountias of the
ths %osa osh oe held 10 have tendency to corrupt
person or ~, ot some one person or to degrade that
a. pom conviction of this ,andon,,, ~ oo..,,.,. i.
punIsbed ine hr mind or morals the defendant Is
BY imprsoIS S an me OF not more than 81 900 or
BY hnth snnh a toi hOt more than one year, or
seoonS aruch rsuch tine and imprisonment. FOR n
for fron' onehce the punishment is imprisonment
aishnvnohe iUh one year TO five years. There the fine
feased. '"e 'eFih OF imprisonment is in
an incre.nhd nhd one penalty for the first offence
but, no, asea sN'a penalty for the second offence
ther nsra nstIsneu Win that, we discover a fur
and emnlorss..hat .hat me defendant and his agents
after briHyin' snail be prohibited from there
thai nsrnt nsntihs, selling. or circulating nor only
Is made n cT' GTat any paper OF the same name, It
meriy Sssr rF,me @ TO use the name which had for.
~ oeeh used by the paperI "N '"'
lender IL 1 nave other penatieB IL the of
b forteIted corporation its charter Is to
prohlbIted toa ioreign corporation IL is TO bo
within tho bouIa bpid aolhg any further business
there ia Nv ooruers OF this State, And then
end n, y, YET another additional nenaiiw NJ iSu
Who transnrsts nrst section providing thar any one
Of a civ;SsEesses the Judgment shall he Suilty =
sumnarr" contempt, and shall be liable Io HE
courts in ~ punishment administered by the
suficieptiyra rat AVA, was not enough. That WAS not
press OF The s''"st.c. IhRt doesn't strike tho
goes on to nate enough. so the second section
heard ~ ~ create an Absolutely pctv 'rS' i,
teCords ~ me omc annals OF any State or in the
hmakos i,"s ""s legislature. And that ia what /
nAne Of an, a"nlsueheanor to tail to publish Tho
y applies IN one connected with the newspnper,
Throughout inc otSty paper sold or circulated
Provision de,i'rasoI' so'9ic OF New York. Tho first
EetIi%c' 'tate shall contain n nrInrod
lglttOr nIhn hn tuo names OF every owner nro,
uNtails IT, HsnGGI' and editor of such pancr and
lhe paper 10 ~, rs every person connected with
Why passs ssHaily ot msIcmeanor
tluAtion fo- SUN SUN al absurd Law! Imagine Ihf
VI Ncing obliged 10 nrint TSS,a anf business
syttr ~ alorkhOiGer oi ,.ysry 80, tnu huue,