The San Francisco call., 1898-01-11
A CHICKEN-HEARTED BOODLER.

HE prospect that of its editors will soon De compelled to appear at the bar Of the Stu per1or Court to answer charge of criminal libel seems to have completely unnerved the Mission ! street Boodler For several days the Boodler has been writing up Judge Campbells court in vi- vacous way printing at the same time extensive ac- counts of that jurists okes-the evident intention having been to reach his heart by 1attering him. The Judge, however, has proved impervious to such bandishments. On Saturday he expounded the law of criminal libel contrary to the Boodlers expecta- tions.
 The change in the attitude of the sheet was i'm mediate. Not only does 1t now link the law of libel with Judge Campbelps character and denounce both the aversion of all valiant champions of 'the peo- pie" but it does not fear the result" It is quite plain however, that the Booder does fear the result Its talk IS the merest bravado. The heart of the Booder IS in its throat. It thinks that at last a method has been discovered for making somebody responsible for its lbels and islanders which, when made public, IS certain to put end to its irrespon- sible career
 As we understand the proceeding before Judge Campbell, the Boodler sought to engraft the law of agency upon the law of libel It attempted to estab- fish the principle that the editor of newspaper Is not crirninaly responsible for what appears in its columns-in other words, that the proprietor s agents, having special authority to libel people, the same footing as agents acting without the scope of their authority. To acknowledge this doc Urine would compel persons beled by the Boodler to look to its proprietor, who resides in New York; and who IS therefore beyond the reach of the courts o this State. Under laws execution Tn civil ac tons cannot issue against defendant who has not been personally served with summons and as
 the owner of the Booder cannot be personally served so long he lives in New York, to grant its theory o the law is equivalent granting 1t immunity from the laws of libel altogether.
 We glad that Judge Campbell has taken the correct view of the law. weaker man might have yielded to the blandishments of the Boodler, which is fawner as well as libeer. There need be fear of the liberty of the press being inerered with. The constitution guarantees every the right to speak and print his sentiments so long as he exer- cises the privilege with due regard for the right of every man to have only the truth spoken and printed about him. The Booder's privilege of levying trib- ute upon corporations may 1t IS true be curtaed, but 1t cannot be said that this Is of the indus tries of California which should be protected by law Holding up railroads for advertising contracts may be profitable business for the Boodler and libel and islander may be necessary instruments in prosecuting it, but if the Boodler engages in that species of high waymanry 1t must be prepared to take the conse quences
 The Boodler ought not to be afraid of jail. Nor should 1t be guilty of perpetuating the chicken hearted farce of telling its readers that putting in jail IS Serious matter" There Is nothing serious about putting the Booder's in jail A jail is the proper place for all journalists who commit unjusti- fable libel