The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-04-29

work, and professional pride were in their
talks, and who were smarting under Inc
injustice done legitimate journalism by
.he law as II now stands. the defects
looined w like court houses on West
Texas prairles, and they didn't do =
tins but make them loom up the san,,
way before the committee. When mail
NOT only thinks he Is right. but Just knows
ne IS right, he makes assertions with 4
positiNeness that is Jagged In It's point
rlerceness often comes from the advocates
Oh an outraged righteous cause, and these
men are fierce In their carnestness, They
say tney wouldn't mind newspapers being
pun along with railroads and kindred as
sociations--although they nigh make
strange bedfellows-b then they
could not be held for punitive damages I'm.
les; malice was proved
Ihey didn't say IT, but their toss of the
mead and sheer OF the lip indicated that
newspapers were not treated by the law
with as much consideration as murderers
49, peeause' before condemnng a MUIR
oerer the State must prove that his heart
was fatslly bent on mischief, hut in A
sun against newspaper for libel malice
- presumed. and nolens volons the plb.
ucatlon In the eve OF the law was because
tne paper was bent on mischief
Tney say the present libel law makes
newspapers herd by themselves as the or
mss VI ousiness enterprises. UNIT
companions for any other occupation b,
cause instead OF presumlng their limo.
cence until their guilt is established. they
are presumed guilty aud not permitted 10
establish their innocence, even II inno-
oence exists. They say they are willing
10 pledge every reputable newspaper to
pay " for every dollar OF actual damage
10 any publication causes. even IN the pub
hoatlon was the truth and furthcrnore
to pay 50 for every dollar Of punitive dam
age caused by any wanton wicked and
nallclous publication. provided. wanton-
ness wlckedness or malice be proven as
the motive OF such publication But they
object now, and VIII forever object TO
newspapers being regarded as yulures
whose only appetite Is for carrion, aud
whose only feast is putridity. To assume
even IL the proof would es,ahlish the
conirary-that every erroneous publca-
ton Is proven a wicked, wanton aud mali
cious motives is TO brand newspapers us the
hotbeds Of corruption and the outpour.
ings OF venom. and such assumption makes
the high minded newspaper cringe as II
stricken with lash, and they resent such
imputation as an insult TO noble prn-
fcssion. For my own part, shall sup.
port bill with provisions substantially
as follows:
a definition OF libel. as we'll as OF
privileged matter.
:. newspaper shall be liable for the
actual damages caused by a publication,
unless privileged whether such publica-
ton Is true or false. II the publication
causes actual damage that would not have
accrued If no publication had been made.
then the newspaper ought to answer for
such damages.
.. newspaper shall be responsible for
exemplary damages for any publication
that Is trne when it is proven that such
publication OF the truth was made with
the intent 10 lniure, harass or vcx the
person about whom the publication was
made. or 10 bring him into disrepute. and |
the burden of proving such intent shall |
be as In other cases, but such intent may
he proved from circumstances as In other
cases.
4 newspaper shall be liable for hotb |
actual and exemplary damages for a false |
publication II such publication was made |
through malice or with the intent to in |
iure, harass or vex the person about |
whom the publication was made. or 10
bring him into disrepute and such false
publication shall be prima facie evidence /
that the publication was malicious, but /
malice or intent to iniure may be dis
proved " the newspaper shows that such .
publication was made through error and
without malice or intent to iniure, aud
when the want of malice or intent TO In
lure is thus proved the paper shall be
liable for actual damages only.
| trust such a law may be passed this
session II is sure to come sooner or later,
because founded on right