The San Francisco call., 1899-02-09

n MONG what may be termed the retaatory
I ! measures before the Legislature is the one
proposed by Senator Ashe to repeal the
statute of 1872, concerning actions for libel and
SANDER The statute be repealed requires that the
plaintiff in such actions shall put up bond in the
sum OF $500 precedent to the commencement OF the
action.
The statute was originally passed to prevent the
bringing OF merely wanton suits against newspapers,
with intent to only submit them to the costs OF a
suit no matter what might be the issue OF trial
The statute of 1872 is not required at all for the
protection or restraint of the large city newspapers
They are equipped with legal advice and the means
OF defense and recovery of their by suit the
plaintiffs bond is matter of minor importance. The
real protection afforded by the law is for the benefit
OF the country press AS the law OF libel stands, and
as it is interpreted by the courts newspaper fire.
quently commits inadvertent libel, and a country
paper may be constantly subject to suit for damages
Even ii retraction is made suit may be brought and
the paper compelled to make costly defense, and
without this bond will have no recovery OF the sums
paid out for jury fees, reporters costs and other
expenses, even if it win.
With the statute OF 1872 nullifed, nne-tenths of
the country papers of California be bankrupted
before the next Legislature meets
We deprecae and thoroughly despise the license of
the press, taken advantage OF too frequently for the
good name OF Journalism. But the great majority Of
the newspapers render distinct public service and
enlighten the community without corrupting public
opinion. When purely retaliaory laws passed this
majority suffer with the rest and the final effect
will be to extend and multiply the number OF noxious
journals, since men OF credit and standing will find
too much peril in following business unprotected by
any law against vexatious suits. In every community
there who practice at the law by methods
which them to seek just such suits will be
promoted when this bill removes from the plaintiff
all financial responsibility, and the result will merely
encourage litigation and incumber dockets with
causes that delay other and more legitimate bust
ness.
The law will not, by removing legitimate protec
ton from legitimate journalism in any way extend
protection to any against ilegitimate Journalism
The fact is that no justifable suit for newspaper
libel was ever prevented by the existence OF the
statute of 1872 Its only effect has been to suppress
unjustifable suits and make possible for decent
man, with property and credit to publish a news
paper in this State.
We feel sure that when the country press is made
aware of the proposition to expose it to extinction
legitimate enterprise and leave it only an iegiti-
mate and discredtable survival it will unite in pro-
test against the Ashe bill.
glance at the country press discloses in nearly
every paper a system OF news correspondence from
remote parts OF the county in which paper is pub
lished. A lawyer can take any issue Of such paper
and find in it half dozen instances of technical libel
upon which suit may be founded. Statements inno-
cent in themselves, intended mere pleasantres,
mistaken announcement of birth, death or mar
rage loss acquisition of property the basis
OF libel suit True the paper may always win in such
suit, but its costs, not being recoverable a
plaintiffs bond, may in one year exhaust its property
resources and destroy it.
The Ashe bill should be entitled "a bill for an act
to make it impossible for responsible man to pub
lish country newspaper in California"