The record-union., 1899-02-25
THE ANTI-CARTOON LAW NO I'M
PROVEMENT.

Off hand and With wave OF the PAIN
in the air by number of newspapers,
which treat, it as settled beyond all dis
pute that the law is in conflict with that
section of the Constitution which reads:
Every citizen may fully speak, write
and publish his sentiments on all sub
jects, being responsible for the abuse
OF that right; and no law
shall be passed to restrain or
.abridge the liberty of speech, or of the
press" Whether this provision rem
ders valueless the anti-cartoon law re-
mains for the courts to determine, and
until it is so adjudged unconstitutional,
preston of the people in Senate and
Assembly represented.
We certainly might pass absolutely
upon the constitutionality of the Act.
1t Is clear that If the new
law is unconstitutional so is the old
libel law, which imposes more seri-
Gus restraints upon free speech and
the press. 1t distinctly forbids, and
attaches penalties for disobedience. the
printing or speaking of that which ma
liciouslyi defames, and every injurious"
publication, says the law, is presumed
to be malicious, if no justifiable motive
for making it is shown.
It has been held from time
immemorial that a libel is not
privileged under constitutional guar
Antees, such as that we have
quoted. A cartoon is a publication; it
is what the present law describes as
Signs, :. pictures or the like" (P. c.,
24S).
The anti-cartoon bill therefore so
far as it refers to carieature, and that
which the law defines as injurious
definition of libel, and therefore to fall
without the constitutional guarantee
and command, since prohibition of and
punishment for libel, have never been
held to be abridgment of free speech or
the liberty of the press.
But here We fall upon singular fact.
The Legislature has actually overshot
its mark Instead of greatly furnishing
the yellow press and raising a terrible
dust justified though it was, as We
timent upon the subject of outrageous
caricature and abuse of the right of
free speech that has run to license-it
has relieved the sensational and sour
rilo11S iol1rp a1ist sof baax-iar nan q 1tiac of
the law that might have been visited
upon him. 1t has actually lowered the
grade of punishment for injurious and
lbelous caricature.
Whereas, under the libel law as it
stood, yellow editor or proprietor
mightThavel been fined 5000 or clapped
into Jail for year, under the so-calledl
Rnti-cartoon Act he can be fined no
more than $780, and not be imprisoned
longer than six months. ALI of which
wil presently appear.
Section PAS OF the Penal Code pro-
vides that "a libel is a malicious defa-
NATION, expressed either by writing,
printing, or by signs or pictures or the
one who is dead. or to impeach the hon.
Esty, integrity, virtue or reputation, or
publish the natural or alleged defects OF
one who is alive, and thereby to ex-
pose him to public hatred, contempt or
ridicule.''
Section 249 reads: Every person who
willfully, and with malicious intent
TO injuressanother, publishes, or procures
TO be published, any libel. is punishable
by finesnot exceeding 5000 or impris-
onment in the County Jail not exceed
ing one year."
As;every one knows, the last law upon
the same subject treated by a prior law
repeaas the elder statute. or substitutes
itself for the elder, so far as the two in
any wise are in conflict. The new Act,
pr anti-cartoon law. as approved by the
Governor, reads as given below, and it
is submitted that while it employs
greater detail Of language, such as
manhood" and business or political
motives" it Is not, outside of the refer
enceito portraiture. really more compre-
hensiye than the libel law sections we
have quoted above, and which are now
repealed by the enactment of the later
law.
That our readers may themselves
make comparison, we present the new
law in full as it now stands upon the
Statute books:
Section /. A new section is hereby
added to the Penal Code, to be known
as Section 25S, and to read as follows:
Section 25S. 1t shall be unlawful to
publish in any newspaper, handful,
poster, book or serial publication. or
supplement thereto, the portrait of any
living person a resident of California
other than that a person holding a
public office in this State, without the
written consent of such person irst
had and obtained; provided, that it
shall be lawful to publish the portrait
OF a person convicted of a crime 1t
shall likewise be unlawful to publish
in any newspaper. handful, poster,
hook or serial publication or supple
ment thereto, any caricature of any
person residing in this State, which
caricature will In any manner reflect
upon the honor. integrity, manhood,
virtue, reputation, or business or po-
Htical motives OF the person 80 carl
.