The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-15

assurance, which is deemed conclusive,
that il was privileged. The supreme couri
held otherwise. What Is privileged mat
| ter Ia the present confused state OF the
law. can only be determined on appeal 10
the higher courts. II Is submitted that
every citizen engaged in lawful busl-
ness should be able to ascertain tho rules
OF law that govern his business. and 10
measure his responsibility Tor auy action
In connection herewith before II is taken.
Much OF the information that the pub
lie demands from newspaper is offensive
or unpleasant to somebody. judicial ascer-
tainment OF facts in controversy "a
reached only after long investigation, with
all the processes OF the courts available,
and then It frequently happens that err
roneous verdiets are returned Ia deal
ing with such matters 1t may easily hap
pen that the publisher. In spite of the ut
most diligence, will sometimes make mis-
takes, II Is Submitted that when mis-
take Is thus innocently made and every
effort is made to correct IL and 10 pre-
vent damage, that the publisher should be
liable only for such actual damages as
may result form the publication, and that
TO levy In such a case, under fictions OF
law. repugnnnt 10 common sense Oh jus
tice. penalties more severe than are as
sessed for grave and wiilful crimes against
! society, is not conducive to the welfare OF
the public or prorsotive OF any good or
wholesome design.
The measure which has been submitted
by the press OF Texas, acting througn a
committee OF the state Press association.
proposes TO deal only with cases in which
the publications shall be shown to have
been lnnocently made, and for legitimate
ends. 1t is the general sentiment OF she
press that where improve motives exist
for a publication no good reason can be
shown for change In the present law
BE It enacted, by the legislature Of the
State of Texas:
Section 1. In any action for damages
brought for the publication OF libel In
any newspaper, or periodical devoted to
the publication OF general news, science
or literature. the plaintin shall recover
only such special pecuniary damages ns
may De shown to have been suffered by
him because thereof. If 1t shall appear on
the trial of such action that publication
was made In good faith, and that there
were reasonable grounds for believing that
the statement So. forth In such allie 81
libelous publication we're true, and that
its falsity was due to mistake or misap-
prehension OF the facts and that in the
next regular issue OF SAID newspaper or
periodical, after such mistake nr mlssp-
prehension was brought 10 the knowledge
OF the publlshers or publishers thereof.
correction or retraotion was publ he'd In
as conspicuous manner and place in said
newspaper or periodical as was the libel
Sec 2 The pub ieation Of the .ol owing
matters by any newspaper or periodical as
defined In section shall be deemed prtvi-
legged, and shall not be made the basis for
action for libel without proof OF actual
malice:
/. a fair ana true report OF any execu-
tive, judicial, legislative. constabulary.
police. or any other official proceedings
or action. or anything said or done in the
course thereof.
O. fair and true report Of public news
8. Reasonable and fair comment and
criticism upon matters of public con eern,
and the official acts of public officials,
published for general Information.
Sec. 8. On the trial of any such action
for libel the defendant may give In evil
depce, under the general issue, In m,tlga-
tion OF damages, the circumstances aud in
tention under which such publication was
maze, anu any public apology correction
or retraction OF the libel complained OF
made and published by him.
Sec 4. In any such action for damages
for libel II the defendant shall suggest
the name or names Of the person or per-
sons who furnished the matter or infor-
nation. the publication OF which is cuIn-
planned of. by notice servad on the rialn-
tiff, or his attorney of record, on or BE-
fore the return day of the term OF court
to which citation tberein Is returnab'e.
such person or persons shall be necessary
party defendants In the further prosecu-
ton of said action.