The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-03-02
THE ANTl-CARTOON STATUTE.

he erect OF the antl-cdrtOOn law, II It's consul
nationality should be sustained, has been widely
and inaccuratey discussed. Section 248 of the
Penal Code defines libel to be "a malicious defama
ton, expressed either by writing, printing by
signs pictures, or the like tending blacken the
memory of one who is dead to mpeach the hon
esty, integrity, virtue reputation or publish the
natural or alleged defects OF who is alive, and
thereby to expose him to public hatred, contempt
ridcue." The next section annexes to the offense
the punishment of fine not exceeding $4,000 or inn
prsonment for not than year in county
jail This punishment is alternative. Both penalties
cannot be inflicted. By section ISL, following the
language of section of the Declaration of Rights in
the State constitution, in every prosecution under
these provisions the jury have the right to determine
the law and the fact"
This is the way the code stands, apart from the
adoption of the section, which does not take
effect for weeks. Every possible kind of libel
IS included in the definition of the ofense, but, to
each, malice is essential ingredient The new law
extends the range of the DID, to pictures and
toons by making that crime, irrespective OF motive
which was formerly innocent. The element of malice,
without which under the previous legislation libel,
criminally punishable, could be perpetrated
new classes of libels is eliminated If a dis
tinguished living citizen of this State, not a public
officer does heroic act or renders notable
tanned or the publication of his portrait will be
crime. The beautiful ornaments OF social function
cannot be artistcally depicted without amount of
previous correspondence that would be impracticabe.
caricature matter what the motive what
falsehood it exposes or what truth it enforces if it
affects reputation cannot be printed without the
mission OF misdemeanor. In the cases included
within the statute the fact of publication
constitutes the offense, to which the penalty of fine
Il. J-o A..
dred dollars imprisonment in county Jail for not
less than month than six months is at
tached In these instances both penalties may be in
ficted
In point OF construction merely we are unable
to where the law conflicts with the old
Every libel that is malicious, and none that is not
malicious, is a crime, for the commission of
which the larger penalty can be imposed But under
the anti-cartoon bill, ofenses are created, to
which different and lower penalty is attached
While however, this view to be strictly accu-
rate and although the press cannot render judicial
DECISIONS it appears that the an-cartoon legis
laton is glaringly unconstitutional. 1t prohibits in
publications, and therefore intereres with the
right OF each citizen to freely speak, write and pub
fish his sentiments all subjects being responsible
for the abuse of that right and restrains and
abrdges the freedom of the press, in direct violation
OF the express of section OF article l OF the
constitution. 1t has been repeatedly held in Great
Britain and more emphatically in the United States
under constitutional provisions, that an injunction
to prevent the publication OF libel cannot be granted
but in respect to certain class of publications. the
statute would operate a legislative Injunction
1t inhibts in advance praseworthy acts within the
very letter of the Declaration OF Rights and as to
them, specially discrininates against the press 1t
undertakes invent crimes without single ee-
ment of criinality except that they controvert the
legislative will 1t ncloses residents of the State in
suits of mail of which visitors and strangers are de-
prived. 1t extends to legislators the most unre-
strcted right to abuse their privilege and strips the
press of large share of the privilege with which it
expressly invested by section AZ of the Civil Code
Under its provisions brides for votes could be pub
licy offered in legislative chamber, and the scene
could not be pctoriay illustrated in newspaper 1t
is an attempted emasculation only of the daily
and weekly press but OF permanent literature through
out the State.
Such an expression OF impotent wrath and vindic-
tiyeness cannot ard will stand Such caricature
of sensible legislation is in itself almost crime If
this so-caled enactment existed in England the Lon
don Punch would be suppressed. 1t would reach
and destroy every illustrated weekly in New York
San francisco In prosecutions under its definitions
to quote additional language of the State consttu-
tion defendants could not be acquitted, though
the matter charged libelous' was true and pub
lished with good motives and for justihable ends
This is an instance in which the secular or
religious press can safely express opinion upon
constitutional question with reasonable certainty
that it will be confirmed by the courts.
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The Botl1in fashion of sending poison through the