Evening journal., 1898-03-07
PROPOSEDLIBELLAW
Ex-senator Hill Says It Is
Quite Superhuous.
GIVES HIS VIEWS ON THE MEASURE.
states That individuals Are Already Pro-
tected From Newspaper Libel and De-
clares Enactment of Ellsworth
Bill Would BE a Crime.

ALBANY, March Tin answer to
request from the New York state Press
association, Ex-Governor Hill has issued
a lengthy statement giving in detail
why he is opposed to the Ellsworth
newspaper bill He writes, in part, as
follows:
Permit me to observe at the outset
that II is no wonder that the newspaper
press Of the state is substantially
unanimous against the Ellsworth bill.
The more it is examined the more dan
getous, absurd and unprecedented its
crude and startling provisions appear to
be. The first pertinent and sufficient
objection to the measure is that it is
wholly Unnecessary. The existing stat
utes are ample for the protection Of
every public and private right affected
or injured by improper newspaper pub
lications Of every kind and character.
and no further legislation is really re-
quired.
THE promoters of this bill cannot be
aware Of the broad and comprehensive
provisions of section 242 and accom-
panying sections Of the penal code,
whereby every individual is already
protected from newspaper libelous at
taels and afforded a public remedy
ment Of the offending parties, in addi-
tion to q private remedy by action at
law. The present statute. which has
existed for many years and proved rea-
sonab.y satisfactory to nearly every
body, defines libel as follows: "A mali
clous publication. by writing printing,
picture. emgy, sign or otherwise than
by mere speech. which exposes any liv-
ing person, or the memory of any per-
son deceased, to hatred, contempt, rldi-
Guile or obloquy, or which causes or
tends 10 cause any person TO be Stunned
or avoided, or which has n tendency to
iniure any person, corporation or asso-
citation Of persons in his or their busi-
ness. or occupation. is a libel, and is
punishable as a misdemeanor.'
"This statute includes pictures, and,
! therefore, covers offensive caricatures
of every form and nature whereby any
| body IS ridiculed or otherwise injured.
The theory upon which the Ellsworth
bin OF last year was urged was that
| there was no adequate statute to reach
/ obnoxious carcatures, and yet this pro-
vision Of the penal code was then in
force and is still a law, sufficient for
every sincere purpose of Legitimate
! prosecution.
l 81 reiterate that the existing law is
! ample for the protection of any individ-
ual. and affords him n perfect remedy
for any wrong which he may suffer al
| the ha nds Of the press. in case he will
only avail himself of it's provisions. II
he refuses to prosecute. no one is at
| fault except himself. The law cannot
with propriety be asked to help those
| who VIII not help themselves.
There Is no necessity for any further
provision on the subject Of licentious
indecent. corrupt or depraved' news
papers. which are only other names fol
obscene. disgusting and filthy news
papers. because that ground OF field o
legisla tion has been already covered
It is an exhibition of weakness as wei
as of fnsincerity to attempt 10 bolste
up and justify the present bill by tn
false allegation that it is only desired
for the worthy purpose of reaching ii
centious' newspapers.
cts enactment will be a mistake,
blunder and a crime"