The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-02-03
THE PRESS AND CIVIL LIBEL

while the legislature Is wrestling with
the subject OF Il libel law il may aid
the Legislators who may have confused
IDEAS on the subject TO call thelr at
tention again TO the conservative. but
aust and admir- bIy clear and compre-
honslve remarks with reference TO tho
matter to be found in Governor savers
I general message. The governor says
4 great necoSs .ty exists Tor legislation reeu-
| htng The adjud.oltou of judicial rontrover-
sizes touching matters OF lbelous char
| aCter.
Procedure In such cases and liability for
damages rests entirely upon the common
law as Interpreted from time to time by
( the courts
Heretofore II seems tina, the main incentive
ID Surh Litigation has been the recovery OF
The public u is believed. is directly and
ueePly Interested in the establishment OF
Quoted
The press does not desire license to defame
or exemption from actual damages for o
wong done, or from punitory damages whors
malicious motlVe rs shown or can be prom.
eriy Inferred, 1t only asks that, when ga
injury Is alleged 10 have been done It may
ne Afforded the opportunity to Offer In mtl.
cation OF punhory damages such facts as
VIII tend to establish Innocence OF inton.
tional wrong aud also an effort promptly and
! sincerely made, TO correct all Impressions az
rn Injurious character that might result
,cnfoin the publication complained Of The
v,si emand for this legislation Is reasonable. II
t Tor The interest as well OF the people "a
nert the press that It should be conceded
Iha, The reputable financially responsible
t si2:ress of Texas has thousands Of capital
employs hundreds OF workers
9opnd constitutes one o. he most i'm
lcr2ortant business aud social forces 10 the
lneit1te. The responsible press is entirely
irSiistInci from the Judgment proof con
patngent that is not affected either one
mway or the other by ciyil libel law.
All that ths responsible papers ask Is
'that when they arc made defendants In
civil suit for damages they may have
: the same protection under the law that
other htgapts have and may not be
presumed" to be guilty OF malice or
Intentional wrong until they are proven
guilty
libel statute is necessary aud IL
Ought to be a short one Define libel.
Indicate privileged communications and
deny punhory" or "yndlctive'' dam
ages except where malice is proven. and
you have the whole question in nut
shell. No good or innocent man Will
ever suffer from the malice of re-
pptable paper and no such paper should
be muleted in vindetive damages De .
cause is has unfortunately made an In
nooenl mistake which it is ready to cor
rect in every way possible And no
good or innocent man is safe from The
assaults and malice OF disreputable
or irresponsible paper, whatever tho law
or civil libel may be The criminal
statute is the only remedy there.
But the innocent should not I've pun
'shed out OF Resentment toward the
guilty; justice should not be denied the
better class OF papers because the vicious
class Indulge in reckless license.
: The progressive Responsible press OF
Texas, that has suffered innocently ia
the courts for years under The old Eng.
iisa common law OF libel. law by the
way that has been modified even in Eng.
land In late wears. has asked aud waited
long for justice IND fair treatment al tho
I, hands OF the legislature and the matter
should be disposed OF promptly, By the
present BODY one way or abe other. The
press Of Texas Is materially xdlsx N
making the STATE great ala prosperous