The San Francisco call., 1899-03-18
ECLIPSE OF THE ANTI-cARTooN BILL
UDAS ISCARIOT was an apostate, Danton
. was a fiend Howard i. Wright is a disgraced
- LEGISLATOR who supports Dan Burns.

7 UDAS ISCARIOT was an apostate Danton
was a fend Howard J. Wright is disgraced
~ legislator who supports Dan Burns,
! If thirty days had elapsed, and new section,
numbered 258, which the Legislature has declared
part OF the Penal Code, were approved and con-
stitutiopal law the proprietor OF The Call by permit
the publication OF this article without signature,
would have subjected himself to the forfeiture OF
three sums OF one thousand dollars each, not to be
imposed as fines for criminal msdemeanors, but to be
collected by civil actions in the name OF any person
who happened to want fifteen hundred dollars, the
proceeds OF which would be equally divided between
the plaintiff and the State. Even the owner OF the
Examiner under similar conditions, could not escape
these penalties through residence in New York, be-
cause his property could be attached
ormality OF obtaining jurisdiction over his person
We refer to the section as drafted and introduced
by Senator Morehouse and pressed by himself and
by Grove l. Johnson, aided by legislators OF SINH
arly unique reputation in order to crafty their per-
sonal 1nagnity 1t had been supposed that the pos
sble depth of legislative asinny had been reaehedby
the anti-cartoon bill. But this last enactment, no
matter how amended s.more ridiculous o say that
Judas 1scariot was 'an aposate or that Danton was
"a iend" within the text Of the new section, tends
to blacken the memory OF one who IS dead, and to
call Howard E. Wright "a disgracedr Legislator rs
TO lpeach the honesty integrity virtue or reputa-
ton" ''o one who is alive. Each OF these state
ments whether true OF false, whether published Tor
the public good to subserve private ends, unless
signed by the true name OF the writer, under the
new enactment entails penalty OF one thousand dol
lars to be paid not by the writer, but by the owner
proprietor or publisher The new section is in the
Penal Code but the money is to be collected not
through the criminal courts, but in civil actions
The statute is evidently designed not merely to de-
prive the press of its privilege but to beneh the
needy for as to each penalty incurred the right OF
action is vested in the first person who becomes a
plaintiff aud brings the suit His compensation IS
cne-half OF the judgment which would literally re
ward both him and his attorney. It is proper to OBJ
serve that as to each article statement or editorial,
the Owner, proprietor or publisher has to deter
mine for himself whether it comes within the ian
guage OF the act and therefore whether it has to be
signed or can represent merely the name and the
standing OF the newspaper or other printed puohca-
ton"
This clumsy imitation of French law is rich illus
traton OF the great legal combination that produced
it. II it could stand the newspaper remedy would be
the employment OF skilled bullies brayos and assas
sins Unfortunately however, for the bloodthlrsty
promoters OF this last scheme to protect dishonest
public servants article l. section Q, of the State con
suton provides that every citizen may freely speak
write and publish his sentiments all subjects beng
responsible for the abuse OF that right, and spec
fcally states that mo LAW SHALL BE PASSED
TO RESTRAIN OR ABRIDGE THE LIBERTY
OF SPEECH OR OF THE PRESS" Persons
in the category OF Grove L. Johnson, Senator More
house and Howard E. Wright have both criminal and
civil remedies, unless it appears that the matter
charged as libelous is true and was published with
good motives and for justifiabe ends. s,s.f 81; RI
AS under our American system, the liberty OF the
press subject to the double mode of redress for wan
ton 1ibels to which have adverted. embraces the
publication of unsigned articles and statements 1t IS
not within legislative competency to prescribe the
manner in which the publication IS to be made. 1t IS
equally unconstitutional without consideration to
transfer right OF action from the State to man who
can outstrip his competitors in race to courthouse
For these and for many other reasons that might be
assigned we are OF the opinion that the legislative
benefcaries must depend upon some other means Of
filling their depleted pockets and that the writers Of
newspaper articles may still hope to escape the yenge-
ance Of exposed corruptionsts.