The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-09-22
NEWSPAPER LIBEL LAW.

lex Of San Antonio, Texas.
Mr.. President and Gentlemen; Several
days ago received request from your
honorable secretary asking me TO prepare
paper for this occasion on the subject OF
libel. The question, as 1t affects us, Is os-
scntlally legal and having neither the
technical skill nor the time to examine all
the authorities and present such an ex-
position OF the question as | should have
preferred under more proptious circum-
stances, instead Of going back to original
principles AMI tracing their development
In the application Of what the courts con-
ceive to be the mutual and respective
rights OF the Individuals and Of the press.
shall present in plain words only few
thoughts as they have occurred to me as
practical newspaper man in the con iuct
OF our business Of publishing newspapers.
One of the first thoughts which presents
Itself IL that notwithstanding the high
sounding guarantees OF the freedom OF
the press contained in every charter of
rights ami constitution since the early de-
velopment OF the Anglo Saxon love OF
liberty, we have in Texas today less liberty
OF the press than we have ever had before,
less than is vouchsafed In any other State
OF the Union, so far as | can learn, and
less than is practiced in some OF the mon
arches of Europe Not only is this a fact,
as every one OF you krow who conduct a
newspaper plant against which judgment
could be collected, but by reason of the
steady contraction of our rights regarding
privilege matter and our augmented risks
10 suits for damages, newspaper property
Is almost placed beyond the pale of thai
protection which the law assumes to give
all property aud invested capital. This,
1t may be added applies to the small rural
weekiies as wei as 10 the large city dali es,
their interests and jeopardy being iden-
teal
Our Federal constitution declares that
Congress shall make no law aDridgtng
me lfeCGom OF speech or OF the press" The
constitutions of all the States likewise
| guarantee the frsetom of the press But
1t Is sometimes claimed these guarantees
are 10 be considered only as a prohiUit oh
! OF all preventive censure. However, it
IS obvious that the pulport of these pro-
visions can not be limited to such a mar
row Interpretation.
Cooley p. 422 says. "The constitu-
tional Liberty of speech and OF the
press implies right to freely
utter and publish whatever the cit
zen please. and to be protected against
any responsibility for the publication,
except so far as such publications,
from their blasphemy, ohscunity or
seandaous character. may be a public
| ohcnse, or as. by their fa,sehood and
malice, they may iujurou affect the
private character Of individuals"
/ 10 10
fundamental and inherent that Mr.. Ham-
+ ton and others who parti lpatcl In the
convention doubted the advissbility OF
! referring 10 the subject at all in the con
stttuton Their idea was that as the con
sGttuon IS a giant Of limited powers II
was unnecessarily to specify therein right
which already existed. because such Il
reference to the subject in specific Lam
Luage might subsequently, lead to altcra-
ons ard restrictions curtaillrg what Mr.
Hamilton regarded as an iuatonable right
and one essential to the perpetuly of pop
ll3r gGverS meut
The Texas constitution Is more 1ifuso IN
IT'S Language than the Federal constitutions.
Indeed it contains all the civic law we
nave on the subject, barring the Judge
made law embraced in the opinions Of our
courts. no ciTi statute having been err
acted by our legislature. our State consti-
tuition says:
NO a. ,thor+., a. i w s'n sH r.,
hts oo;r,o,SS W. @r,"N, ~. VI 'up'.9n
snorsibho w.. ',i guy Su"'or' ut'us
les ond w. ,av ',hn,i ~ 'p"' p'lN,
r,fr,aiitna ~ ~. 'E 10, a'.n'' W. PasSet
the nrass ~ nrnsoc,;, o -, 9 toa ., VI
licotr, -, o' ','. 1'aa lu' ne pun
drot -, oet,n,rs =" - IS ~ wa
naci,v o nbnr ~, '".n ~ puoltI W.
1s n.o,en s,m Ill sup i.I.'pl tup''Sneu
49, iT,-,' V puo,iS tu.o iu"e,ui,' VIC
Ara 10 an ,r,,do,, -, ~ ia ~ rrVuIe'
~ -, y i,',' w. rt 20 l'oe's tne
the lou, 49,, ~. s,o,a ~ ~ et,nln'
w., ~ NV ~" oo,,r, ~, ."s w
Tbis i,rs,,,eo 80 H. o, Uyue' vas -,
univ a,1nrai 90. ',rV us'Du, W.
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muse f., ~ w. W '"' ''rrao'n OF l,.e
ctut ,at,. 49, - ~ ~ H,"N''c
IN n,'S,,l. ,1 ,t,,'s,, pu, '''''o '"'" vi
u,ylr-y soor .,,ot ,,''9, .,,,,.,,,.,
cus,,,,', o", ,ois no,,. 10.
tbey ,ro .,hr,ar., ., ,,7t,. ~ ~, .um '"r
az tboso re,srad ,,s, .n
l,.t'N',1c1. 49, ~ior ~ ~ ~ 10, T"'
ana wben ra,s, y, ,,a , law N.Y., :,
mnan clyII ira, ro, W. o-ir T 81 .'u,,
for cxrori,nns shn,.s Wy wv, NY,
seldom lnvoted ecairst ,o,i,i,,,,,a ,s
paper men hut tNst the c,yi, law ,s "f,nn