The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-02-15
THE PROPOSED LIBEL LAW.
BILL WHICH HAS FINALLY BEEN
AGREED ON IN coMMIrrEE.
Certain official Matters Arc to He
Privileged and tho Truth of PUB
Iication Made n Defense.

Austin. Texas, February 1.-THE follow
ing is the libel bill agreed to be reported
10 the senate by Judiciary committee No.
1 OF that body:
| a bill to be entitled an act to define libel
| and privileged communications and pub
| LEGATIONS, and to more effectMally secure
| the liberty of the press and to prevent
abuses in exercising such liberty of the
| press.
be 1T enacted by the legislature of the
State of Texas:
| Section 1. Libel Is false, willful, ma
licious or wanton defamation expressed
by writing, printing, pictures, drawings.
signs or other representation tending 10
blacken the memory of one who is dead
or to impeach the honesty, integrity, vir-
tue or reputation, or to publish the natural
defects of one who is aliye and thereby to
expose such person to public hatred, con-
tempt, ridicule or financial injury.
Sec. .. In all actions for libel the
truth, when published in good faith and
for justinable ends and without any desire
a sufficient defense. The truth of any
such libel may be established by n pre-
ponderance of evidence and malice may
be inferred from tho fact of publication
unless the truth be so proven.
See. 5. The following communications
and publications shall be deemed privi-
legged, and shall not be made the basis
of any action for libel without proof OF
| malice. If made for justlhablo ends and
without intent or desire to injure: !,
statements made in the proper discussion
of public or official duty. 9 State
ments made in any legislative or judicial
proceeding or in any other official pro-
ceedirg authorized by law. 3. A fair.
true report OF any judicial Legislative or
n pf nj
said or done in the course thereof. 4.
Statements made in n communication TO a
person interested therein by one who is
also interested or by one who stands in
such relation to the person Interested
as 10 afford reasonable ground for sup
posing the motive for such communication
innocent, or who Is requested by the person
interested to give the information. 5.
Reasonable and fair comment and criti-
cism upon matters of public concern and
public officials. the publication of which
is for the public benefit. 6. A fair and
true report of public meetings; provided,
any statement by one citizen libeling an
other shall not be published. unless such
statement is pertinent to the purposes of
such public meeting,
Sec, a. II it shall appear upon the trial
OF any action for damages for libel that
the attention of tho publisher of such
libel was called to such false or defama-
tory matter Of publication, and that such
publication was made in good faith and
for justiHablo ends and without any inten-
ton or desire to injure and its falsity was
due TO mistake. or that there was reason
able grounds for believing such state
ments so published to be true, and that
within reasonable time after the atten-
tion of such publisher was so called to
said false statements, a full and fair cor
rection or retraction was published in the
at
the newspaper or periodical in which said
article appeared and in as conspicuous
place and type as was said original arti-
Gle. then the plaintiff in such case shall
recover only such actual damages as
he may provo to have sustained, pro-
vided, however, that the foregoing pro-
visions of this question shall not apply
10 any libel against n candidate for pub
lie office in this state unless the correc-
tion or retraction be made IN the manner
aforesaid at least ten days before cleo
| ton.
Sec. 3 On the trial of any action for
! libel the defendant may give In evidence
under the general issue, in mitigation for
darnages the circumstances and intention
under which such publication was made
and any public apology correction or re-
traction OF the libel complained Of made
and published before suit rs brought
Sec g. This act regulates civil actions
/ for damages and is not intended In any
manner to AFFECT the law relating to Grim
1 inal libel
| Sec Z. The fact that there is now no
adequate law upon this subject and the
+ large amount Of business remaining TO be
( disposed OF before final adjournment Gre
ates an emergency and an imperative pub
| lie necessity. which authorizes the sus-
pension OF the rules requiring bills to be
read on three several daysand it is there
| fore so enacted.