The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-17
TRrE LIBERTY IN DANGER.
,>RTIETTs SPEECH AGAINST
cob' suE ELLSWORTH BILL.

THE Ell"
-
--.,,-sut or the Measure ne unnsces-
hhN r,,.unI, ana
Dr.,u,-Contrary te tho Shirt or All
hsW".o, Inv-Tho old NIL OF Rights.
law. Feb. l8.-The Senate Judiciary Com
Ab p a hearing this afternoon on tho
ntVeVs,. bill. The principal
En'WV' .ooinst It was made by Col. Franklin
erep... -. counael for THE SYN Printing and
2..,,hlnp Association. who said:
Euv'. s Tho honor to appear before yon to-
"",,,,on IN what is now popularity known as
nopp.-o,,b bill. or the Ellsworth Libel bill.
te ,nr Tur SCN Printing and Publishing
lepps ,he owner OF THE Sun and THE
Ass O. sr,y. published in tho city of Now
E'hN rur StTS or the editor OF II U
io'. rcnrs past has never failed on
Nl oocs,ion or opportunity to maintain and
e'oiy N, Importance OF q strict adherence
70 aon,,itptional guarantee Of freedom Of
W'nv I'd NJ tho press; and. although 1t has
.pee' ia IN the editor OF II SUN that 1t
sU",a not DO imagined that tho pro.
,.c,ed measure. or proposed Jaw was ue-
- "a ,triko at THE Sun. the editor
~ mat newspaper has fcit hiinsoit
IN conscience TO adhere to those princi.
~, which we're maintained SO monty py mis-
s.,bcr for over a quarter OF a century, ana 10
-h,cb he has adhered since no succeeded 10 tho
administration and control OF that journal.
.Ny objections to this bill. to his proposed
,,r NAV DO grouped under three heads. In the
a., nloce. we claim that the legislation Is un-
n.c,ssary; in the second place, that 1t VIC
,,,.s every principle OF natural justice, ana
4, Tho third place. that 1t Is unconsti'
,,oro, and. being unconstitutional, Is void
Ia beyopd the power OF tho Legislature
=. snact-tnat Is. in the sense or making
~ binding law. OF course I should not assert
,,r ore moment that ii Is not within tho power
=, ,he LEGISLATURE to pass any act. however un.
Constitutional, II It sees ut so to do. But i shall
,rdcovor briefly to state the objections which l
h.v, lust outlined and to convince this com.
rni,,ec tina, such legislation is not only unwise
m, "a pcrnlcious and unjust in character.
zone would imagine that we had no libel law
,,or mr. Statute books; one would imagine
,h,, there was no law against obscene 1tera-
tr,. for am told that the word libelous is to
h. stricken out, no that the inference may DO
trovn that II does not strictly apply to the law
o,Ibel. Now. tho law of libel embraces nearly
avery wrong. their being but a few eX-
esntious, which IL committed by the use OF
words either spoken or written, and in the
vr,at case in the English Court Of Appeals in
which Charles Bradlaugh and Annie Besant
we're tho parties accused. 1t was laid down by
tho learned Judge who wrote one of the opin-
inns that llbels should be divided into seditious,
blosphemous, obscene, and defamatory libels.
81 know that in the ordinary acceptance of
The term the law of libel is supposed to apply to
defamatory libel simply. But such is not the
rule technically. The law of libel embraces all
obscene literature as we'll as defamatory mat
ter. Now, let us see the condition Of the law as
IL stands to-day, which we find in the Penal
Code, and / think. gentlemen, that you
will agree with me after l have read the existing
law that II Is sufficiently drastic, that It is
sufficiently severe. that 1t is sufficiently harsh
to guarantee to every, citizen who is libelled or
damaged adequate redress.
IF we turn to chapter 6, section 242. of tho
Penal Code, we will find libel defined. The
definition there given would seem to mo as
broad and OF the same time as severe n deflni-
ton as can be found stated by any text writer
Or as has ever been given by any Judge.
Section 243 says that q person who publishes
elibelis guilty Of a misdemeanor. Section 245
defines publications. 1t is not necessary to read
II. Section 2&8 states the liability Of editors
and others. Section PAT relates to the privilege
public and official proceeding. and is in sub.
stantisny tho language OF the Code of Civil
Procedure.
paragraph Of the third section Is most severe in
~ application TO any newspaper which pub
lshes any indecent police report or any matter
0that sort. and when ] was requested not to
oppose this bill / was informed that 1t was de-
signed especially to aim at police gazettcs
ana mp prurient publications. Do no; these pro-
paper that might affect public morals So I
confess; gentlemen. that when l examined the
Penal Code | was at q greater loss than ever to
determine why This legislation should be de-
manded. Who asks for It'll What public de-
mand has come to the Legislature Of tho State
q New FORK for the enactment OF such a law as
THIS now under consideration?
IL you see that, beyond n doubt, there are
now upon the statute book provisions adequate
lr tnc protection OF the citizen and the COM
nunity, Is not that cnou2hi All. gentlemen,
the trouble in this proposed legislation. in
ttthis projected law. is that 1t strikes dow
me sniesnard OF tho citizen and attempts
Of tho State Of New YORK and Isl shall endeawor
nshow That my statement is bnsed upon the
Ptovls ons OF the bill and the very language
. nagr slnn odicd. We have within these few
p.g,s grouped together u variety OF crimes
manner.
IN the first place. the main crime is TO have
onyihlng whatsoever to do with the printing
VI publishing OF n newspaper, not that 1t is
ttSr,Tlt. degraded, depraved, or indecent, but
t tmrr oS some construction in the minds OF some
tL.'C. - INV VI u cINl1 COuUIltb OI
me s,nte can be held to have a tendency to cor
supI thc morals OF some one person or to de.
s..,r mat person or to injure him.
pom conviction OF this tendency to corrupt
Ur.nJnre The liiind or morals the defendant is
buTa'nen N.Y. fine of not more than 81, 900 or
~ mrr''onlncnt Tor not more than one year. or
~ nu,h sNci inc and Imprisonment. For a
ses'nH offence the punishment Is imprisonment
a. A. nun ono year to tiyc years. Then the fine
ccrS"sd SarS. oul The term Of imprisonment Is in.
SO we find ono pcnalty for thc fret o1or.o
sn Increased penalty for tho second offence: bnI
" fo,is1ed with that, wo discover a further
su,,l'S MAI me defendant and his agents and
eeTpH.ces shall be prohibited from thereafter
S,no ni" selllng, or circulating not only that
moGc , 1mJ my paper Of the sumo name. 1t is
merry been used by tho paper
"a mn we have other penalties. If tho of-
H. a. h = . a domestic corporation its charter Is 10
10 'Sc h. = y q foreign, corporation 1t is
SusIUc. prohibited from doing any further
And thor "ithln the borders OF this State.
ma penalty at the end Of the first section
, xGDn.on maj any one who transgresscs tho
And sIHhioommt shali be guilty OF n civil contompt,
ldminis"o"roo name 10 the summary punishment
"Bm,it ,ha, ny the courts in such cases.
Sufficient" WIS not enough. That was not
Dr. az Wy drastic. That doesn't strike the
6eerdI NJ y create an absolutely new crime I'M
rerosd. ththc annals of any State or An the
Il m,G u any Legislature. And that is whatI
to pabinishS T. a misdcmoanor to fail
necteS VIII WIN tne name Of any one con.
ES,.vSs' voII or CirculatcG Throughout tho SStote ~
ever n no me first provision declares TINT
tain n prner circulated In this state shall con.
Of eyorv m.vu statement setting forth the names
Of such p 1neer, proprietor, publisher, and editor