New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-16
LAWS AGAINST THE PRESS.
drastic MEASURES PASSED BY CALL
FORNIA'S LEGISLATURE.
.,xr ACT FoRBIDs CARTOONS OF ALL EXCEPT
PUBLIC OFFICIALS. AND THE OTHER COM
pEIs SIGNATURES TO ALL cRIrI-
cIsM OR HARSH COMMENT -
ON LIVING OR DEAD

-. heen signed by the Governor and which 20
80 operation this month. were called out by
49,. cartoons and articles in San Francisco news
.sners The first, known as the Anti-Cartoon act.
fPh,as the publication of portraits caricatures
:, anv resident of California without his consent,
,huc officials only being excepted. The other.
Ys,,h &c far more drastic and which Is now worry
w. The various managing editors OF big newspapers.
oviaes that every article or editorial which tends
- riure or degrade the living or the dead must be
I'D bv the real author The penalty for each
..srprement of this law is 81 900 The best lawyers
:" Car Francisco are agreed that the first act is
CONSTITUTIONAL but they are not sure OF the
second
- ~ the newspaper publisher who defies the law
:. that should the Supreme Court declare ulti
s.teIv in favor of the validity OF the law. enough
damage suits could be piled up In the mean time
nv any malicious prosecutor 10 ruin millionaire
nrhlsber. And that such prosecutors will be found
main when II is added that half the fine goes TO
49, ipformer who furnishes material proof for the
suit.
HOW THE ANTI-CARTOON BILL WAS PASSED
The Anti.Cartoon bill was mainly due to Senator
uo,.house of Santa Clara County, who introduced
Mi in the State Senate. though the bill which
h.,sre law was introduced In the House by
nudge Works OF San Diego. and was acted on first
Norehouse had q good. solid grievance against the
In the Legislature lNO years dSo hc
no.sd as the upholder Of political purity. Many OF
t,s sneeches read like extracts from sermons or
uLs echoes OF the walls of mugwumps out OF office
, ssnsation was created. therefore, when a San
Francisco newspaper exposed the fact that More
nnusa WAS merely OF a numerous railroad
lobby and that he had been called of from an at
,sck on a railroad measure by peremptory tee-
rraphc message from the railroads political man.
ssr 70 please let up on the bill that he was de
do not began a
series Of cartoons which left many sore places on
,be statesman He bded his time. and when the
recent legislature met he began at once war on
.be NEWSPAPERS He actually presented a bill
making il LEGAL for a man who had been crimnally
lbeled by newspaper. either in article or cartoon.
10 hunt up the responsible writer of the article or
The artist who drew the cartoon and kill him.
Morehouse presented in the Senate the identical
bill which was passed in the House but his meas
ure was not acted upon promptly as the Senate
bill and hence did not become law.
The gist Of the Anti-Cartoon bill is as follows
PRINCIPAL POINTS OF LAW.
It shall be unlawful TO publish IN any news
paper handful, poster. book or serial puDncn,tiUn
person, resident of California. other than that
OF a person holding public office In TINS state.
mad and Obtained: provided. that it shall be lawful
10 publish the portrait OF person cohVlc'eu oi
in any newspaper. handful. poster, book or serial
publication. or supplement thereto any caricature
Of any person residing in this State. which carl
cature viii in any manner reflect upon the honor
Integrity manhood, virtue reputation. or bust
catured or which tends TO expose the individual
go caricatured TO public hatred ridicue or con-
A violation Of this section shall be misde
meanor. and shall be punished by a fine or not
ment in ths county Jail for not. less than one
month nor more than SIX months, or by Doth
such fine and imprisonment.
1t is the general opinion OF lawyers that this
law will be knocked unconstitutional by T.
the Supreme Court The State Constitution in
It's declaration OF rights provides that every cit
;zen may freely speak, write and publish his
sentiments" on all subjects being responsible for
the abuse OF that right and no law shall be passed
10 restrain sbridge the liberty OF speech or Of
the press. The Anti-Csrtoon law restricts and
.n fact practically revokes this right: but others !
who are more conservative declare that 1t Will
stand and that juries will find for the victims Of
the newspaper cartoon. Probably what led the
LIE gislature to pacs this act and what induced
the Governor 10 sign 1t so promptly was a savage
cartoon in a San Francisco newspaper on ex-Con-
gresham Grove l.. Johnson. This cartoon repre-
sented Johnson seated at a desk working with a
BET Of counterfeiters tools. and had the caption
'Grove the Penman." There was no word in ex-
PLANTATION. but those familiar with State affairs
of twenty five years ago knew that the cartoon
ferred 10 early indscretion Of. Johnson's-the
forgery OF a note-which most people had forgot
ten. Johnson wept in his seat in the Legislature
when he saw the cartoon. and refused 10 be com
forted. and 1t was this malicious cartoon which
served TO pass the bill.
1t is understood that the man who drafted
both the Anti-Cartoon and the signature bill is
ex- congressman Johnson. Twenty years ago he
nearly succeeded in securing the passage OF
newspaper retraction bill which was exceedingly
severe and gave Judge the right to insist upon
eyed libel before the merits OF the case were de-
aided by jury.
THE SIGNED ARTICLE MEASURE
The Newspaper Signature bill was introduced
n the Senate by Morehouse and though it was
ought bitterly by those who upheld the free
om OF the press the sentiment OF the Legislature
vas found to be strongly in its favor and II was
oopted One thing which was mainly instru- |
bnse Of IN securing It's the RECKLESS
certain San Francisco newspapers These
litter that in several cases they excited sympathy
or the man singled out for attack. They also |
they came to look upon the ps as en
sg SS d n an effort to name me The Senator
III may be seen from the text which is as fol !
Every article. statement or editorial contained in
ny newspaper or other printed publication printed
: published in this State, which by writing or
dead, TO impeach the honesty integrity. viz.
ue or reputation, or publish the natural or AL
seed defects of one who is alive. and thereby ex-
ose him or her TO public hatred, contempt or rdi-
1e. must be supplemented by the true name of
ne writer OF such article. statement editorial
Igned or printed at the end thereof ANY owner
roprietor or publisher Of any newspaper or other
rinted puolieatlon printed or published in this
tate. who shall publish any such article state
nent or editorial In any printed publication print
lemented by the true name OF the writer thereof
igned or printed at the end thereof. as required
this section. shall forfeit the sum of 81 600 for
ach ana every article. statement or editorial 80
ublshed In violation Of the requirements OF this !
ection which said sum forfeited NAV be sued
,r and recovered against any such owner publish
proprietor so violating this section, in a civil
ction by and in the name OF any person who NAV
ring action therefor one-half OF the recovery to
E paid into the Treasury OF this State by the
laintiff and the other half 10 be retained BY the
lantiff in such action. II. in any such action IL
hall appear by AFFIDAVIT to the satisfaction OF the
curt where such action Is commenced that a de-
endant has made publication in violation of this
ection within this State. and that after due dill
enee such defendant cannot be found within this