The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-30
ANOTHER CARTOON CASE.

ANOTHER CARTOON CASE.
Tho oresonian has Just been through
a libel suit brought by n delinquent Of
sciai whom 10 had cartooned- The pic
tur- complained OF allowed a politician
named Mack standing iu ths midst OF
aeyczone. with the sweat running down
his face and saying: Great Aaxurna.
Has anything miss>d me- Against
go sovtous an Implication Mr.. Mack
PROTESTED In the form Of a iio~i suit for
sss.ss0 dAmAGesL
TIE Judge made . charge OF which
the fllsvinO are extracts:
We rsruon n liable 20 damages for
HAVING spoksa sr having published the
truth oonesrning another. no difference
what the motive may have oeen-
Malice would cut M ngure In the case
m th- statemeuts were true. the de-
fe.aant - not liable.
TIE r1ght TO comment upon and 20
criticize the public acts OF public men
10 not Only the right OF every citizen.
bat the right OF every Newspaper. And.
although. II strict law. newspaper wrt-
tiers stand In no better position than
any other citizen. they are generally
allowed greater latitude In such mat
tern. A newspaper u n quast-publtc
institution The people have learned 20
look TO the newspapers. and In n large
degrees To depend upon them for infOr-
nation In regard TO public affairs and
the acts OF public officers. For this rea-
500 u 10 In some measure the duty OF
the preas 10 watch narrowly the con-
duct of all government officials and the
working OF all public institutions TO
comment freely on al matters OF gen
eraf concern TO the people. and freely
to expose abuses such articles. "
written In n fair spirit and bona I'd
may be productive OF great public
<,Dod. and are often necessary for pub
lie protection
The jury was out eight minutes and
returned with n verdict for the defend
ant. whereupon the oresonian made
the following comments which might
answer for all other reputable papers
which. out Of their sense OF duty. con-
dernn delinquent officials and are sued
or prosecuted I'm return:
The Oregonlan has not IIbeied Mr..
Mack IL lbeis nobody. The aim that
has shaped its course throughout fifty
TO u are based upon the knowledge
that tn, only safe foundation for any
thing permanent In this world IL
truth. that anything else Is wood. hay.
stumble. that all the gabble and chatter
sufAife ~ In like the cracking OF thorns
uzaer q pot Magma verftas ct prae-
vaiebit"
To tell the truth about what In going
On - this papers purpose. and no ex-
ceptson II made % the misconduct Of
psiaic eicialsl Assertions OF fact
made In tn columns may be assumed
To be true. They are not lightly made.
and In this particular case every criti-
essu1. assertion or tmputation was care
fully considered and temporarily
framed what was said fell short OF
wsAt might have been truthfully said
This In why the case collapsed:
wty statements alleged In the COM
saint To Be false were admitted by the
siafntfn himself To have been true:
Why early In the trial all effort TO
pruve the faisity OF assertions COM
planned OF was abandoned. and resort
was had 90 the claim that malice had
been shown
The parpose OF the cartoons. editorial
paragraphs and ~suuibs." OF which
much has been said. was In no way
rnsIictousL II Was the design simply to
call public attention to Mr.. Aark's off,
cisi misconduct. 70 fix public attention
on his Official misconduct. In the most
impressive way. IL u a method In con-
slant use by the newspapers Of AL
countries. and 10 10 n method OF ex-
I-nsure that all INSIDERS dread. as well
the public by holding public men TO the
line % their duty.
"a 10 the province and the obligation
~ the prrss 90 give publicity 20 the
actions Of public officials. ana greatly
TO the interests Of the public that u .
SHOULD do 50. From this purpose The 1
0yrr<Dnfnn will not D. deferred by pros .
-cution from offended INSIDERS. n mis- 1
ti.hcs arr made through miSapprch@n- !
ssen. u win Itself make reparatlOn. but \
u viii not b. scared out OF TIA public .
functiou % exposing wrUnFdotnE. and 4
when dragged into court u can and .
last. perhaps. that ia the maintenance .
public ard private. the new s5apsr
shouif b. obliged to bear the sole bur
dea % defense and offcus~. without Re-
gard To the general run 20 p-opt~ tho
arr ben~6tsd. but such ts thg fact. and
rhs Orvgonian accepts %.
That The Oresnnlan DOS not lightly
give currency Co char<rs Against public
ssficiols which cannot b. aubstnuttat-d
Nr. Mack should have known. ~ he
sruught the suit tn actual expectation
q being able 20 purge himself OF mis-
,anfuct. his tui<utut vas seriously at
anit. ami 10 he enerxes from the case
nth more wear and tear to his official
yUutaffon. he hss orly himself TO
Sane II. on the other hand. he per-
k.6ed IN ~ merely to crafty the malice
4 sorne Of his food friends including
- w. r. Hume. Inforrner from Nome.
"a has a stronger case for damages
x1Inst then, than he had against The
1ngonian-