The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-04-30
Mr.. WOOTEN'S PROPOSED LAW
WILL DE OFFERED AS A sup,Ti-
TUTB FOR GREENWOOD BILL.
Friends of Reasonable
Measure.

Austin, Texas, April 2e.--The following
as a substitute for the Greenwood libe
bill II the house ever takes it up, and Ii
understood to be acceptable to all the
friends OF Just and reasonable law on
the subject:
Amend by striking out all after section
/ and insert In lieu thereof the following
Section 2. In civil actions for libel ac-
tual malice shall not be, in any case. con
clusiyely presumed, but must be proven
like any other fact, and the fact may BE-
shown by circumstances sufficient TO reas-
onably satisfy the jury OF It's existence.
| The falsehood Of the publication, when
proven, shall raise a presumption OF malice
and make out prima facie case of libel,
but this may be extenuated, explained or
rebutted by proof of honest mistake or in
nocent motive on the part OF the defendant.
In no case shall evidence OF malice actual
or presumtive, be introduced unless there
shall first be introduced testimony show
ing or tending to show actual injury to
the plaintiff as the result OF the allegated
llbellous publication.
Sec. 3. The following shall be deemed
privileged publications In law, and shall
not be made the basis OF an action for
| libel unless made with malice, actual or
presumptive, to-wlt:
| /. Full fair and authentic reports OF all
| legislative proceedings and the official
communications OF public officers of the
State or any subdivision or municipality
thereof. The reports OF all the committees
of the legislature, when made to the body
and reported in its journals OF proceed
| lngs shall be deemed part OF the legis-
latlve records and may be published as
privileged. The stated reports of the sew
eral heads of departments and State off,
GERS and OF such other public officers as
are required by law to make written re-
ports FOR public use and information are
also privileged.
q Fair and impartial reports OF all
judicial proceedings. by which are meant
such proceedings as occur In open court or
before court or judge sitting for the
purpose OF making any judicial order in a
case, civil or criminal as well as the
docket entries made by the clerk or other
authorized officer IN the progress of n
case, but the pleadings. writs, precepts
dispositions and other papers nled or is
sued or required for the beginning or prep
aration OF case for trial are not such
proceedings as ars here contemplated until
the same shall have been used or intro
duced and heard In the trial of the cause
| or for some judicial order or judgment
therein. Publication OF the fact OF the
]
rant with the names of the parties and
the exact nature OF the transaction. but
without any Of the alleged facts upon
which the same Is founded or any com
ment upon the character, merits scope and
purpose OF the same shall also nc priv
LEGGED provided such publication Is based
on an official record or entry in some duly
authorized public office.
| g. Communications between persons
mutually Interested in the subject matter
under discussion In such manner as TO
authorize them or either OF them TO CON
slider the communication an act OF friend
ship. confidence or duty. nut the publI-
cation of such matters must he confined
within the limits Of the mutual relations
which give the privilege and can not be
extended TO the publication or circulation
of the communication beyond the scope Of
its privileged character
1. Tho regular transactions of all nar-
| llamentary bodies In the conduct Of their
lawful business and In passing upon the
qualifications Of their members and tho
orderly management Of thoir public organ
i2atlon and deliberations. provided the
same are such as are necessary for the
maintenance and preservation of the body
and its decorum
.. A fair criticism OF the conduct and
motives of public men in their official ca
pacity, and the policy 81 government, and
OF all men holding public office. in mat
ters affecting their public and official con-
duct and character
Sec. 4. On the trial for any actinp far
damages for libel IL 1t should appear that
the attention OF the publisher of such libel
was called to such false or defamatory
matter or publication, and that such puh-
lication was made In good faith and the
falsity due to mistake. and that after the
attention of said publisher was called to
SAID false statement a full and fair cor
rection and retraction was published in
the same edition, or the next issue there
OF, OF the newspaper or periodical In which
SAID article appeared and in as conspcu-
GUS place and type as was said original
article, and reference to the fact of said
retraction having been made on the edi
toflal page OF said paper or periodical. then
the pialntih in such case shall recover only
SUCH actual damages as the evidence In |
me case may show that he has sustained;
provided, however. that the foregoing pro.
visions of this section shall not apply 70
any libel against n candidate for nuhlic |
otuce IN this state unless the publication
ana the corresponding correction and re-
traction De made In the manner aforesaid
~ least ten days before the election
sec o. ON tho trial OF any action for
libel the defendant may give in evidence
under the general issue. in mitieation n,
damages. the general character OF tho
plaintin bearing on the alleged libelous
publication, the circumstances, intention
ana motives under which said publication
was made, and any public apology. cor (
rection or retraotlon OF the libel COM
planned Of made and published In the man I
ner set FORTH or before suit Is brought
Sec g. All suits for libel under the
provisions hereof may be instituted in tbe
county where the newspapers or period
Gals are circulated or distributed for cir
Sec, T. All actions for damages for libel
snail be commenced within one year after
after.
Sec. s, The fact that there is now M
law IN this State governing civil actions
LOT libel and the reputable public press isI
,without protection in the publication OF \
legitimate and proper information touch I
ing matters of great public utility ana
concern creates an imperative public me-
eessi'y and emergency for the passage a,
TINS act and the constitutional rule rsonir'
ing pilis 70 be read ON three several DAYS
~ suspended and this act shall take effect
from and after tie nau.an. N NAoSt