The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-17

LnB constitutional DOIntA.
II have already shown. I imnpino. sufncientlv
provisions of tho Penal Code that there can be
that sassesied in the bIli 'q now 'G sosore go u.s.
Ihat TINS measure contravonos every principle
the discussion of tho constitutional points. so
shall not discuss that point separately; but I
will state briefly whit wo contend as to the un.
1t is in the first place that this bill violates
that provision Of the constitution-found in the
neutrality-suspicious. guarantees freedom OF
speech spfnsd al ana so OF the press. 1t is the provision con.
Freedom of speech and of tho press
rrh,, ESe err citizen may freely speak, write and
shall DO passed to restrain or abridge the liberty
OF speech or Of tho press. In all criminal prose-
and II y shall appear to the jury that the matter
Shisbs Foo a. m mSG,Sas an IS t FoT i Sna %ss published SnSl he'd
party shall be acquitted; and the Jury shall
have tho right to determine the law and the
we maintain that II ever any proposed law
sought TO restrain and abridge the freedom Of
law now under consideration does so abridge
s ssEH'n 4 It, measure nna one moro could a;..r not a. easily Inn ~
t SHE has Sss '@ nree c Pi n IsSSr Of t Rnaf Siif tSat ta fSa
press was ali very we'll at tho time Of the enact.
ment Of our original State Constitution.
s y %Hli us to ~ that seI grand sl%' in 81 aen h 9Ss
Federal Constitution. We are told that
such sH.if !, prG xxi form and sq nS,;ns q; were all SsEy
theTs + no further use fofs tSo@ n"'S That. 10 'n my
Let us see what one or two great authorities
have said about this safeguard. will be very
S Ssisa' S SSG%u snf ! a% smnse j 5nas ys Soo Esn ssgs 81
THIS same guarantee. found In tho first amend.
msn / to the Federal Constitution: .,
untriendiy legislation by Congress is almost
universally regarded not only as highly impor.
and perpetuity OF free government.
You remember what James Madison said
IN .ne m aem IN the OF CITY n!s se N %Se9 9d shs Federal Con-
Tho right of freedom Of speech is secured;
the liberty q the press Is expressly declared to
What did the great Hamilton say in 1901
The real danger to our liberties is not from
will be opened BY making dependent Judges, BY
packing iuries. by sitting the press. by silencing
But it lie hardly worth while to argue to n
committee OF the Legislature Of this great State
in favor Of the principle that the freedom of the
and remain OF the opinion that 1t does not re.
arbitrarily interfere with the liberty Of the
The other constitutional point is that It VIC.
ton l. and also section 9, containing the bill Of
rights. which provides that no person shall be
deprived OF lie. liberty. or property withoutdue
" claim that theIprovisions as to tho indlct-
tive evidence and as to conclusive evidence. all
violate that section Of the Constitution which
guarantees guar nIes;,. dye ne process Of Law: in fact, that
process of law. and which takes from us our
liberty and PROPERTY. II not our lives, without
that the Constitution and the laws guarantee to
every ono a sufficient notice and a fair trial be-
The gist Of n libel. he continued. lies in
It's publication: It is not the particular form of
Under this bill you don't have to show when or
where the crime was committed. The indict.
ment may be substantially IN the same general
trary to every principle Of natural justice and
to the provision Of the state Constitution, The
p Isrs rs mot mo oei1sef have to a hesn ' a]ifec sez DS NJ ppoof
to convince the jury that the publication may
clearly unconstitutional"
Senator Lexow-One article would not be suf-
aei. Il to m Sr,nB g. a a R RaRBitu %lt ofren sSs terms Of this
Senator Ellsworth You omit entirely. the
& fe eaitina OF 81! p pun iainee; such Mh'sn pa az aa' THIS Sds'e csn.
The theory on which the bill e based is that this
%tention Of the bill is less harsh than / supposed.
the distinguished senator who drew. it. the bill
itself must be judged by its terms: ! must ad-
s here to The w yiSM I'll that at , Sndsr those Tho o. terms dna1ct q
ment to DO found. Now, this bill speaks of a
second offence. II the offence is a continuing
a second commission OF such a crimei
Senator Ellsworth-n q person is convicted
engages in the same business that would consti-
:. Col. Bartiett-One of the main objections to
fhia hill Ia TINT II affRnnfQf IN ARfa hHQh n OanRFa1
punish people for general badness.
a man who carries on the business of corrupting
him for a specific offence. Idon't believe in gen
now let me discuss for a moment the gen.
morals. That offers q wide fold for difference
OF opinion. Some might say that certain scenes
corrupt morals. Some might say that a scene
~ which the heroine. having been somewhat In.
n Necessary yt to xiii 1nS him III "a" and iH Kick fn his Sody 'u ndeS a
sofa would corrupt public morals. Yet this is
from one, Of our leading novelists. Surely no
zine or paper which. published in serial form
tho i~nstellnents Of the story of a Lady
such questions concerning public morals to
a jury In some remote part OF the state. some
crimes may be committed IN two counties, but
lieve 1t should be tried there. In this case ID
doesn't make any particular difference, because
unless the trial Judge declares the act uncon-
you are sure to be convicted through
the provision which prescribes what shall con.
sti.uie conclusive evidence. The libel law pro;
vides now for p%resunptive evidence In civil
cases, but not for evidence in
actions or conclusive evidence in civil
cases. This bill provides for both. AS 1t stands
now, Tho accused is entitled to know what specific
acts he has done for which no Is indicted. This
bill leaves too much open to prejudice"
t the conclusion Of Col. Bartlett's argument:
Ellsworth asked him to submit a brief
Of the points he had made. and no agreed to
do SO. 81.
said Senator Ellsworth.
And the committee" said Senator Lexow.
: would also be pleased to have a copy"
Amasa j. Parker, Jr.. representing the Albany
argus. also spoke In opposition. to the bill. Tho
chief, point was that the bill would prevent
at attempts" he said; TO spbstitute .
are now allowed to prove the truth OF a libel In
Justification IN 9 civil suit or a. a complete
misdemeanor for a paper to print iibellops
is true and is published. for justihablo
ends the accused shall he acquitted. There Is
no similar safeguard In this bill, Furthermore.