The San Francisco call., 1899-02-11
LIBEL AND ISLANDER.

HE act OF 1872 was a protection not only to
the newspapers published in country districts,
but to- the OF citizens. 1t required un-
dertaking in the of five hundred dollars in ac-
tions to damages for alleged sanders, as we'll
as in libel Prior to its passage the most
trivial sanders made the basis of claims for
damages, that usually speculative and the pro-
ceeds of which, the event of recovery custom
ariy divided between plaintiffs and disreputable
class of attorneys, who in this way fomented I'm
necessary litigation and made business for them
selves. Since the necessity for bond attached a
genuine responsibility to the commencement of ac-
tions of this character, the courts throughout the
State have been virtually relieved from this species
of gambling verdicts which consumed much time
and money and was vexaton to reputable and re-
sponsible citizens.
The consttutonaty of the act of 1872 was ques-
toned by the Supreme Court itself in the case Of
Smith vs. McDermott and after full arguments, both
orally and in briefs, and much consideration was up
held by that tribunal The law, therefore has been
firmly knit into the jurisprudence of the State and
its beneficial results after the experience of tweny-sx
years, have been proved beyond question. It's
repeal under the pretext of increasing the
liability of newspaper propfietors and protecting the
reputation OF citizens would be serious injury to
the public and could have no other effect than to re-
the best lawyers and the best judicial officers in the
State unanimously protest. Most newspapers are
extremely conservative and seldom attack personal
reputation unless of their facts, for justable
ends, and actuated by good motives Neither they
individual citizens should be wantonly exposed to
pettifoggng and mercenary raids Every should
be adequately protected in all his rights including his
reputation but the liberty and the independence of
the press maintained in England during the last CEN
tury after one of the most memorable struggles of
modern times, are equally essential in the United
States and the best means of nsurng this pro-
lection free press and free citizens exist to-
should not degenerate into license it should not be
restricted by irresponsible RIGHTEOUSNESS rowing
privilege to manufacture a simulated reputation
through courts and jures is only desired by men
without character industry, and who are the cor
r1pt and vicious elements in society Any citizen
poor rich whose reputation has been maliciously
impeached, whether in writing orally and whose
standing has actual moneyed value, if he feels
called upon to easily find two sureties in the
county where he resides, each of whom is able and
willing to qualify to the amount of FIVE hundred dol
lars. ltigant who cannot meet this requirement is
bankrupt in the estimation of his fellow-men and
should not be permitted to speculate upon verdics
The passage of Senate bill 386 is not demanded by
public sentiment, and the bill is only one of the in
Vulnerable devices to place good citizenship and prop
erty at the mercy of the worthless and the undeserv
ing and to swell the volume of trashy and congesting
lawsuits, of which there already too many, at the
expense of enterprise, labor and capital