The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-14

puDlCutlOn relatlnV 10 tne OlllCldi Soil-
duct of public officers Is proper for
public information. 1t provides that
in all criminal prosecutions the truth
may be given in evidence to the jury,
and this is the essence of fairness.
This provision Of the MCClain bill
safeguards every right of free crti-
cism of men who are properly before
the public for review, but II limits
that criticism to actions. and conduct
relating directly to their official po-
sition and outlaws the fetid mass or
personal scandal and detraction which
is yellow journalism's principal stock
in trade.
In permitting the jury rather than
the Judge to determine what is proper
for public information, the McClain
bill assumes that twelve men drawn
from the people and after brief SER
vice going back to the people consti-
tute safer tribunal, and one more
liable to reflect an average of public
opinion than a Judge upon the bench.
and this principle is in accord with
cur theory of government, which rests
fatty upon popular rule. 1t is SAFE
guard rather than a menace to honest
journalism, inasmuCh as ii submits
the determination of privilege to men
representative of the common people.
who will readily detect the difference
between fair criticism for an honest
public purpose and the malice which
manufactures or exaggerates.
In reference to civil actions the Nc
Claim bill accepts the plea of justifca-
ton as an adequate and complete de-
fense when it is contended and proved
to the satisfaction of the court and
jury that the publication Is substan-
TALLY true and is proper for public
information and has not been mali
ciously or negligently made. 1t also
provides that in civil actions no dam
ages shall be recovered unless ii is
established to the satisfaction of the
court and jury that the publication
has been maliciously or negigently
made. Thus far it follows in the foot
steps of the act of 81, but it adds that
where malice and negligence appear
such punitive damages may be award
ed as the court and jury shall deem
proper. Here is a double safeguard.
! The private citizen who, by the negli-
gence of a newspaper. is put in a false
light before the community ana sub
jeCted to injury receives the oppor
tunity of securing redress and the
negligence of the publisher Is made
liable for exemplary discipline when
the court and jury in conjunction agree
that punishment in damages is just
| a jury carried to an excess Of sympa-
/ thy may return a verdict out of fair
| proportion To the offense. and 1t is
void unless approved by the court. In
| practical operation the court in civil
| actions will stand as a barrier against
| excesscs in the jury room, and the
| giving Of this discretionary power to
! the judge when it is withheld from
| him in criminal actions squares with
| the theory of our jurisprudence, which
more and more tends to place the de-
cision as to crime in the jury. and the
| limitation of damages in the court.
1t is true that under judicial instruc-
! tion the character OF matter proper for
! public information becomes gradually
/ defined, and editors have something to
! guide them. 1t is likewise true that a
| jury is an uncertain quantity. Yet ex-
perience has full demonstrated that in
the long run the jury presents certain
ly as fair an approximation to substan-
tial justice as is to be found In the
more learned and technical judgments
OF the court. The publisher who is of
good repute and accounted honest in
his relations with the public has little
occasion to fear that jury of his fell
low citizens, fairly drawn and repre-
sentative of the common sense of his
community, will hold him to unfair ac-
count for a publication dictated by an
honest motive and put forth for the
public good.
on the contrary, where the editor is
dishonest man full of vindctveness
and malice, and bending his acute in
telligence to the venting of personal
or factional animosities so as lust to
escape the border-line which under q
strict construction of the present law
constitutes criminal libel, the knowl-
edge that jury rather than q judge
holds the power of decision will oper-
ate as public protection and as a
wholesome restraint. The most vicious
citizen today is not the criminal who
blunders awkwardly in the sodden
depths of crime, but the keen and
clever rascal who violates the spirit OF
the law by reason of his dexterity In
lodging its letter. This kind of rascal
If engaged in journalism, will have
good reason to fear the common sense
Of the average jury, which is less in
clined to stickle for the letter of the
law than it is to administer substantial
justice.
1t Is a great mistake for newspaper
publishers to seek special exemptions
Their interests lie rather in dscour.
aging by all means within their power
the abuse of journalistic functions
which has in recent years sprung uI
in our large cities and covered with
odium an honorable and useful pro.
fession.a Every reputable newspaper
man stands to gain by the roofing out
of the tricksters and knaves OF yellow
| al i.