The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-24
A PROPER LIBEL LAW
Senate Judiciary Committee
Approves London's Bill.
the Amendments Offered Serve 0nly 10 I'm
prove the Bill and Are Acceptable
to the Editors.

This Legislature will give the State a
proper libel law.
BY a unanimous vote yesterday after
noon, after full discussion, the Senate
Committee on Judiciary unanimously or
dered a favorable report of the London
Libel Bill. and it will be favorably re-
ported to the Senate today by Hon. John
s. Henderson, chairman of the Senate sub
committee, which had proposed and Sc
cured the adoption of certain amend
ments to the original bill. After an hours
discussion on motion of Senator John e.
Woodland, Of Wilson, the bill was reported
favorably by unanimous vote of the
committee.
This bill drawn by Senator London, of
Chatham was introduced by him at the
request of the State Press Association,
which is earnestly asking this Legisla-
ture TO give the press proper and just
libel law. AT the hearing yesterday
afternoon, Mr. Josephus Daniels, of the
News and Observer, and Mr.. A. j. Max
we'll, of the Rockingham Anglo
Saxon. were present with Mr. London as
sub committee from the North Caro-
lima Press Association Mr.. Daniels spoke
briefly in support of the bill. Hon. +. II.
Busbee who happened to be present, gave
it as his opinion that the bill was a
proper one, and that it would result in
good and that it was much needed law.
The discussion was participated in by
Senators Henderson, Woodland, Foushee
London Morrison, Webb and Ward, and
several changes were made in the bill as
lit had been amended by the sub committee
composed of Senators Henderson, Foushee
and Webb. The bill as it will be favora-
bly, reported to the Senate today is as
follows:
A BILL TO BE ENTITLED AN ACT
RELATIVE TO THE LAW OF LIBEL.
The General Assembly of North Carolina
do enact:
Section l. That before any proceeding
either civil or criminal, shall be brought
| for the publication in a newspaper or
periodical in this State Of libel, the
plaintiff or prosecutor shall at least Ave
| days before instituting such proceeding
serve notice in writing on the defendant
| or defendants specifying the article and
! the statements therein which he alleges
| to be false and defamatory. If it shall
appear upon the trial that said article
falsity was due 10 an honest
| mistake of the facts. and that
there we're reasonable grounds for believ-
| ing that the statements in said article
we're true, and that within ten days after
! the service of said notice full and fair
correction, apology and retraction was
published in the same editions of corre
spending issues of the newspaper or pc
riodical in which said article appeared,
and in as conspicuous place and type as
was said original article, then the
| plaintiff in such case. if a civil action.
shall recover only actual damages, and If
in criminal proceeding a verdict of
guilty" shall be rendered on such
state of facts, the defendant shall be fined
| a penny and costs and no more.
Section. 2. That in every such prosecution
or action for libel the defendant may show
in his defence in mitigation of damages
/ that the matter complained of was pub
lished in his paper or periodical without
his knowledge or fault and against his
directions by another who had no authority
| from him to make the publication and
whose act was apologized for and dis
| avowed by him so soon as known.
| Section g. That any person who states,
delivers or transmits by any means what
ever to the manager editor, publisher
| or reporter of any newspaper or periodi-
| cal for publication therein any false and
libelous statement concerning any person
or corporation, and thereby secures the
| publication of the same, shall be guilty of
| a m:sdemeanor
Section T. That this act shall not apply
| to anonymous communications and publ
| cations.
Section 5. That this act shall be in
| force from ard after its ratification.