The sun., 1898-02-20


sibiv sSye n attendant from inchrceration; but
at the Same time, as ] read tho law, 1t would
senator &Sy-section requires that thore
| must be two separate convictions Tor such an
senator Ellsworth-That has reference to do
eisTinE paper ee1,,oIs nn rspS paper fov soct,on,
| which will show that q single offence 10 covered
| Take tho first section:
dacts or engages in the business of editing publish
Ing, printing, selling. distributing, or circulating any
iicentious, Indecent corrupt dcpraved. or llbeous
paper or paper which corrupts depraves, degrsdes
Srads or injnro the minds or morals Of tho public
or OF its readers of the peopl among whom ~ cir
ton OF any such offence shalt be punished by nno
OF not more than $1,000 or oy imprisonment OF not
| onmcnt.
Senator. Davis-Didnt you state n oponine
RE vM on Ss M tSs edsoE uS wns Sns was not
| MIR. Bartlett-I mean to say that II has becn
stated to mo that there was no deoiRn to attack
Senator Davis-By whomi
Mr.. BartlettI1 don't Femember THE SUN
'ns Senator grTs Ellsworth the liberty of the press
| IN doing that kind OF business II does.
frSme5 amt pb' Of the bill knows what he DESIGNED in
senator Ellsworth am personally very yF GLAD
SspfPblG tbnS S' %SieS Would be- as glad to hear as
any gentlemen would be to express.
Take the provisions about a second offence. 1
| don't see how 1t can be urged that there can be
no mo that the Of the term
offence" shows that It can be construed to APP
ply to siPGis tho is
designed for practical SsED
| yiction had boon had for an offence. that there
after during continuous period Of time, what
ever time 1t might be. thG same thing continued
newspsperi nc v 'i SUPPOSE the same thing was still
carried on which is sought to DO condemned
might there not bc a proper conviction for
subsequent offence, SO that there would be two
'oa Mr. BSrtiett-1 am now critioising the bill 1t
seems to me that assuming tor the purposes s OF
first s Conviction was found must be- continuous
tho conviction IL conviction is had, must be as
to matters which preceded the ~, Indictment. .,,..
ss ad
paper should violate the law again and print on
day that the
couldn't he be convicted on that article alone
How long "a time, must elapse, If the he
iayx wSas is the limit Of Time IS M
week. a month. ycnr. or two yearsf There Is
me me- that the statute is severe enough 70 allow
an indictment for one S offence not fSo only
ness It is not necessary that the business
day is Just as much engaEinc in It as, though it
be for lifetime. It may not always be prohta-
eaeing in the practice Of law for to-day. am
Just as much engaged in 1t MS though was con.
tinuousy engaged for the next year to come
Senator Lexow-But whero tho character of
the paper must be such MS 10 be of n degrading
description the jury would have the right to
pass generally upon the period OF time which
Mr.. Bartlett-It need not specify or set up any
| particular document or number Of any such
paper or any particular matter contained
Let us consider for moment this stat tement:
It is said that 1t must be a continuous offence.
Tho senator doesn't tell us how long it is to
Convince ts @ the he Grand jury that tho tendency Of
the paper might be TO corrupt the morals ! OF
test, aside from tho Indictment. They put l.,
evidence what single COPY; ~ o one copy 1t
for the period of time stated in the Indictment
or for my part OF said time or any particular
Senator LexowNWouIdn't the defendant have
a right. in order to show that 1t was not paper
,, issued by that organization or paper covering
long period OF time in order to indicate
to corrupt and that that single issue was hap
; Mr. Bartlett-But the terms "or has a ten.
!, doncy to corrupt. degrade or injnre the mind or
morals " are very broad. 1t might be that $50
|. cism and that the other Is numbers contained
, misstateInents OF fact or improper publications
f a to eli h for
,, that the civil Law OF libel is drastic enough to
to any is defend xsF the tights
. a daily newspaper from attacks in the form
Of civil libel suits. and say further than tha,
; rious. Once in while there is some merit in n
suit. But. leaving out the civil side OF the qnes
to me that the sections have read cover every
, possible con tingency
, ciple that you cannot punish people In this
! world for general badness l imagine that in
ished for some specific offence. Idon't believe
in conyicting people on general principles. That
! is very much like expeling man from club
! on specific charge and telling him that Tho
: | governing committee have decided that they
! don't like him anyway. and that he had better
: get out.
> sound public policy to permit any periodical tc
remain untouched that has the tendencies tha
are described in this bill, and is undermining
: of a county in tho State Of New York it would
question. may say, frankly, though. that an
not in favor OF any publication whatever that
can possibly tend to corrupt the morals of any
Senator Lexow-My question is broader thar
that. The whole business course and conduct o.
, the paper must have tendency to degrade ano
, Mr.. Bartlett-Suppose that TO be SO; still, yor
must try them for some specific offence.
, Senator Ellsworth-Isn't that only because
> | you have got now only specific offences
!, | Mr.. Bartlett-I don't believe in that class o
legislation. must apologize to tho committee
t for losing the thread Of my argument; but q,
a | you can well understand. 1t is somewhat diff
cult to answer all these questions and remem bel
the sequence OF my argument. There are one oi
: two points. however. which 1t may bo wol tc
. | What does tend to corrupt the public morals
or course the gist OF tho offence OF libel il
publication. Why not make a measure ant
adopt law to apply to the stagei There wt
have publications. Some people would argue
2 | that play in which the former lover the hus
band. and the gentleman who is about to elopt
with the wife are oil present on the stage In
> | friendly conversation with the heroine. might
I | possibly tend 70 corrupt the morals. Others
: | would argue that a comedy in which one scene
| ia IL supper party given by q gentleman OF
wealth To various ladies connected with tn,
Z telephone establishment might have tendency
| to corrupt the public morals. Others would
+ argue that play which might be termed the
| Triumph OF Realism, where the heroine is prov
identially saved through the awakened con