The daily morning journal and courier., 1900-02-08
LIBEL IN GERMANY.

|
 Curious Distinctions and Small Punish-
 ments-Gentlemen Challenge Instead
 of Suing.
 A Socialist journal, called the Nord-
 deutsche Volkstimme, not long ago criti- | cised the conduct of some ships mates
 of the Imperial Navy at Lehe, near i Geestemunde, for coarsely and vilely
 molesting two women during some fes- l tivities given on the occasion of the visit of the French man-of-war Ibis, last Summer. The newspaper declared f that the language they used toward the
 women was more than foul," and it
 appears that the word "Rupet"-"un-
 mannerly boors' used in deecrib- | ing the culpritsE The mates of the
 Third Naval Artillery Division brought | an action for defamation of character
 against the paper, and the defendants having proved that the coarse language
 was used, and having pleaded privilege,
 were acquitted by the Assessors Court at Lehe. An appeal was lodged against | the verdict, and the case came before l the Criminal Court at Bremen. The i Public Prosecutor there admitted that the prosecutors had been guilty of gross and improper behavior" and of having "molested the women in an un- seemly coarse and vile manner; he further etated that in stigmatizing this
 conduct the Journal very justly vindi-
 cated the interests of the public. But
 then he drew dstinction-a very fine one. He said the writer might say that people had behaved as unmannerly boors," be he was not entitled to "calP' them "boors." The words "unmannerly boor" was an invective, term of abuse, and therefore indisputably an insult. In other words, you may say man has told lie, but you may not "call' him liar! The court indorsed this view of the case, saying that, although you can prove man has stolen something, you have no right to call him thief The defendant was accordingly fined the sum of los, and his claim of privilege was not admitted, on the ground that he was defending his own interests, and that the press had not the right of de- lending other peoples interests.
 German ideas as to the use of strong and abusive language are very peculiar, for some newspapers in this country go to very great lengths in invective and personal defamation of character; but, as fines are very small, cases for libel and defamation among private individu- ale are rarely brought before the courts, except on compulsion or by very small people As a general rule, it is sup posed to be incumbent upon 'man of honor," to challenge a calumniating scribe to a duel, although duellin9 is still, according to the law of the land illegal
 A short time ago a student of medi- cine of the University of Heidelberg, l was called up before the Assessors Court for some disorderliness common among students. The legal gentleman who prosecuted described his conduct ! as 'impertinent' (unverschamt;) ) where upon tho lawyer was requested to with | draw the offensive term. The lawyer refused, suggesting at the same time, that he was an officer of the Reserve. The student, Herr Schmidt, who himself ! hopes to become one in due course, ac- cepted the hint and challenged him through his second to a combat with f swords under severe conditions. The matter had to be laid before the Officers l1StTlCC court pI G1UIlUI, anu IiiiS boNJ forbade the duel
 The student and his second were then summoned before the Heidelberg Criminal Court and condemned to two months and one months confinement, respectively, in fortress, the one for hie challenge, the other for being the bearer of the challenge. According to German ideas, this was hard, as the