The San Francisco call., 1899-03-24
THE SIGNATURE LAW.

1shed in a newspaper has become law IN due torm
and will take effect at the expiration OF thirty days
from the 2Ist inst
This law provides that Every article, statement or
editorial contained any newspaper or other printed
nnbcaton printed or published in this State, which
bv writing or printing tends to backen the memory
OF one who is dead, or to impeach the honesty in
teerity virtue or reputation publish the natural or
ALLEGED defects of one who is alive, and thereby ex-
pose him or her to public hatred contempt or rldl-
cule must be supplemented by the true name OF the
writer OF such article statement editorial, signed
or printed at the end thereof. The penalty clause
provides that for failure print the signature OF
the writer $1,000 shall be forfeited by the pub
Usher or proprietor in civil action by and in the
name OF any person who may bring action therefor,
one-haf to go to the State and the other half to the
plaintiff in such action.
The passage OF such law has been from time to
time agtated in this State for twenty-five years 1t
presents very interesting question, and is we'll that
the Legislature has opened the way for its decision by
the courts
The expansive nature of the law is very striking.
It's shelter is thrown over the memory of the dead OF
every age and country. Under it action would lie
against newspaper for saying, unsgnatured anything
against the character of Nero Caligula, Suwarrow,
Alva, Benedict Arnold, Hyder Ali, Wirtz OF
Andersonville prison, Wilkes Booth Guteau, Jesse
James, Sontag or Durrant. 1t also protects the lv-
ing from Chris Evans to Mrs Botkn, to say nothing
of different class OF living people whose ofenses
cannot be mentioned nor described without impeach-
nlent OF their character
To illustrate its effects: The Call OF yesterday con-
tanned eighteen articles of usual and ordinary news
paper matter, which fall under the provisions OF the
law Not one OF them was lbelous, nor malicious IN
intent To comply with the law will make news
lie hot Or a
list to charity ball
Various arguments have been made for such law.
Among these are that it constructs individual
reputation for men employed to write on newspapers;
that it will build up school of writers, like special
school in art that will elevate the character OF the
press and that it will protect personal privacy from
intrusion and publicity
1t will do none of these things To compel writer
to sign his name only matter blackening the mem
ory OF the dead impeaching the living, within the
comprehensive meaning OF this law, IS not to enhance
his reputation give value to his individuality.
Surely it is far-fetched argument that writer who
does not sign his article audatory OF the dead and
living is elevated in his profession by this law In his
daily work every newspaper man, who holds the mir
ror OF this busy. blundering, hurrying world Up to
nature has occasion to the memory OF the dead
as good example or bad to the living. He rebukes
vice and holds the vicious up to hatred, contempt
and ridicule as they deserve and he seeks out the
good among men, for the newspaper must truthfully
reflect it all.
The professional newspaper men, from reporters to
editorial writer's produce something to SELL and 1t is
bought by the owner of the newspaper. 1t then
ceases to be their property and is his property As
we'll might the Legislature demand that farmer shall
put his name on every potato and cabbage-head he
sends to market to protect his individuality.
The profession of Journalism will be injured by this
law A professional writer enters the service OF a
newspaper to find sale for his command OF Ian
guage his genius in composition his knowledge OF
literature politics, art, science history and human
character This knowledge he sells. The newspaper
owner buys it and arranges the use OF it, just as
client buys the legal knowledge OF lawyer. A Demo
cratic paper buys the product OF journalist who IS
Republican and dictates that product in the form OF
articles uphoding Democratic principles and attack
ing Republican principles and candidates Under this
law every criticism OF candidate must be signed and
when signed a Republican writer's work Demo
cratic paper loses all value to the paper for it is not
taken then as the opinion OF the paper, but the
personal opinion of the writer. AS there is Demo
cratic paper in San Francisco this law would make i'm
possible the employment OF any Democratic political
journalist here There would be no market for his
work.
Similar laws have failed to elevate the character of
the press wherever tried Indeed that character is
merely reflex OF the character OF the community in
which the paper gathers its material for and ed
torial treatment.
Censorship OF the press has elevated its char
acter. Granting that the control OF publicity by a
newspaper is power OF great weight, it is also
power useful to the owner only while used under ex
actly the same restraints that upon the control OF
publicity which arises in free speech An individual
who abuses the right of free speech habitualy loses
his influence and suffers in his material welfare.
Another feature of this law which is peculiar and
peculiarly obnoxious is that any may bring suit
and recover under it. An unsigned reference to
Judas or Ananias is ipso facto, OF action, and
only the lack OF signature need be proved to compel
judgment and put $500 in the pocket OF the plaintiff
Gho takes the character of informer Since the
days OF Titus Oates and Jereys no such opening has
been offered to human cupidy and malice.
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