The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-04-19
OUR LEGISLATURE REBUKED.

is generally supposed and not without truth, that
the people OF California are little broader and
more liberal in their ideas than most other
American communities, But the contrast between
them and their legislative representatives is often
painfully conspicuous. The late Senatorial deadlock
was one evidence, paraleled in two or three other
States notably in Pennsylvania, OF the truth OF this
proposition. 1t was, however, still more strongly illus
trated bv the anti-cartoon bill and by the act which
takes effect to-day requiring certain articles in news
papers to be signed But some recent legislation in
Maryland that has attracted widespread attention
and will doubtless be generally adopted marks the
radical difference between Legislatures that are
abreast OF the times and such body as has lately
sanctioned the caricatures OF craftsmanship which
we have referred.
The principal motive of the signature bill, beyond
the supposed qualification OF personal vindictivenes
was to suppress disclosures affecting corrupt poll
ticians To achieve this victory the supporters OF
that bill would have been almost willing relieve
newspaper proprietors from the usual and severe
consequences OF unjustifable libes They prefer IA
attach such personal consequences to the pubca
lions OF facts as they falsely imagined would deter
writer's from gathering presenting them. The
Legislature OF the first State in which civil and re-
ligious liberty was chartered upon this continent
has administered to them an anticipatory rebuke.
On April ?, 1906 in the State OF Maryland in order
to invite the free communication OF information
beneficial to the public interests the following
statute went into effect:
Be it enacted by the General Assembly OF the
State OF Maryland that person engaged in, con-
nected with employed a newspaper or journal
shall be compelled disclose in any legal proceed
ings trial before any committee of the Legisla-
ture or elsewhere the source of any news infor-
nation procured or obtained by him for and pub
lished in the newspaper on and in which he is en-
gagged connected with employed
The tremendous conflict in the latter half of the
eighteenth and at the beginning of the nineteenth
century between the and the press in England
after several great trials in which the forensic elo-
quence and intellectual power Of such as
Erskine and Macintosh faced and beat the thira
George and his Ministers on their own ground ended
in the firm establishment OF the right of free publ
cation subject only punishment, civil and crimi-
nal, for malicious libels From that succession OF
victories over monarchical tyranny the English
speaking world have exercised the unrestricted rights
OF unsparing comment upon public matters and upon
individuals who by their relations to the Government
or society, fairly brought within the range OF
pubic scrutiny. In Great Britain the uniform ten
dency OF recent Parliamentary action has been not
to abrdge but to extend the liberty of the press.
This berality which is the highest security for hon
esty and for decency has been carried far that
British publisher innocenty led into the circulation
OF libel, by prompt apology reduce damages
to a nominal sum. In the United States the press
has been entrenched in constitutional enactments
and the ancient doctrine that the greater the truth
the greater the libel" has been abrogated, while in
all criminal prosecutions for libel not only is jury
trial assured in other criminal cases, but the pos
sbility OF injustice through modern Jeffreys or
nitaor OF the Star Chamber is averted by the pro-
vision that the jury are the judges OF both the law
and the fact.
The Maryland statute carries the tendencies OF
American civilization to their logical result by ex-
tending the rule OF privilege to the sources Of news
paper Information The California statute is an at
tempted retrogrcsson to the despotsm OF the middle
ages engineered by influences which closely resemble
the ioraging barons Of flat darkened ennch