The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-14
FREEDOM OF THE PRESS IN MANILA

Governor Tafts statement regarding the
arrest OF the editors OF daily newspaper
in Manila called the Freedom, ought to
convince all reasonable persons that the
motives of those who ordered the arrest
were not tyrannical and vindictive, as has
been alleged. Opponents Of the administra-
ton policy in the Philippines are trying to
make much out of the incident and pei
haps some persons honestly think the ar
rest was a violation of the freedom of the
press and of constitutional rights. The free
dom Of the press is very dear TO Ameri-
cans, and with proper limitations should
be firmly maintained, but il does not imply
unrestricted license. All the States have
criminal libel laws and they might be in
voked and enforced much oftener than
they are. There is no criminal libel lay in
the Philippines. and consequently no means
Of suing an editor for defamatory and
llbelous publication against a private cti-
zen or public official, but there is what is
called a sedition law enacted by the COM
mission of which Governor Taft is the head
to prevent incendary and insurrectionary
publications in the islands The members
of the commission are good Americans.
and the fact that they enacted such a
measure shows they thought there was or
might be need for it, The offense of the
made repeated charges of corruption
against the commission, with the obvious
intent of destroying its influence and use
fulness and creating dstrust among the
FilipinOs. In the absence Of a criminal
libel law in the islands he was arrested
under the so-cslled sedition law in order TO
give him a chance to prove his charges
against the commission which brought
every member Of it under suspicion. Gov.
Taft says:
The action is begun under the sedition
law because IL could not be prosecuted sue
cessfully under the libel law. Under a law
OF libel a charge that a public body or that
member of a public body is guilty OF cor
ruptiOn is not a charge upon which suit
by any particular member. not named, Of
that body can be founded Under the sedi-
ton law charge OF that kind against a
government body can be prosecuted and the
defendant given an opportunity 10 show
that IL Is true. II does not aid the dis
CussiOn nor is il material whether IN he
a prosecution lese majestic. The question
presented simply is whether a newspaper
shall be permitted day after day 10 charge
that the highest governmental body in the
islands is composed of men who are cor
ruptly using their power TO make money
without any opportunity 10 any member of
the body or TO the body a whole TO take
action by suit before a court regularly con-
stituted TO punish such malicious misstate-
ments. II they are malicious or 10 give the
person making them the opportunity OF
showing that they are true.
From this it appears that the arrest Of
the editor was not mach to punish him
as 10 vindicate members OF the commission
from false and libeous charges IL was not
so much an attack on the freedom OF the
press as IL was movement 10 protect gov
eminent officials from being criminally
libeled. II a paper in this city or State
should charge the Governor OF a member Of
the Supreme Court with getting graft