The Birmingham age-herald., 1903-04-22
Editors Appeal to Governor of Pennsylvania to Veto
 the Libel Bill
CHARLES EMORY SMITH
 MAKES STRONG ARGUMENT
The Bill, If Approved By the Governor, Would Be a MilIstone Around the Necks of All the
 Newspapers.

Harrisburg. Pa, April 21.--Every impor- tant newspaper in Pennsylvania was rep resented at the meeting today on the Grady-Salus libel bill held by Governor Pennypacker in the hall of the house of representatives. Attorney General Carson sat with the governor throughout the hearing, but neither indicated what would be the governors action on the measure. The opening speech was made by Charles Emory Smith of the Philadelphia Press, who was presented by Thomas V. Cooper of the Media American.
 At the outset of MT. Smiths address Governor Pennypacker took exception to his use of the word 'insolently," and suggested that 1t would be well for the speakers to omit the strong adjectives. MT. Smith accepted the suggestion, say ing at the same time that he spoke strongly because he felt strongly. He said:
 At the outset I beg to thank your ex- celleacy on behalf of all my associates for granting this hearing. You have given us what the legislature ruthlessly and insolently denied us. We asked for the hearing to which we were entitled in the commonest fair play among men. We were contemptuously refused all oppor- tunity to defend our rights and to pro- test against what we believe to be monstrous wrong.
 Want Liberty of Press.
 We stand for the just liberty of the press, but not for it's abuse. We do not object to any wholesome restraint upon irresponsible, malicious and licentious journalism. nor do we desire that the bars against libelious publications shall be let down. We accept the law which holds us responsible for actual injury when inflicted by our publications even though inadvertent and unintended, for we know that this is one of the necessary risks of our business.
 ''The great folly of this bill Is that it is utterly ineffective and futile for the purpose for which it was really designed, while it exposes reputable newspapers to the constant and unavoidable danger of costly, vexatious and blackmailing suits It must fail of it's plain intent while 1t Is infinitely mischievous in other drec- tions. >, .,
 What measure of proteetlon is offered here which is not found in the present statute? Is 1t in the more stringent pro- visions for liability on account of negli- gence in the ascertainment of facts and in making publication?
 Present Law Sufficient. "The very essence of libel is that the I publication shall be of defamatory or ! injurious character. The law now rightly holds the newspaper responsible for the publications of that nature But this UilI would incorporate a new principle in the code. It would make publication action able in which there has been negligence even where there is nothing of a defama- tory or injurious character. It does not re- quire that the matter should be libellous and so this bill practically makes every in- correct publication actionable. no matter what it's character. What unlimited fields of litigation, what boundless sources ot annoyances are opened in this extraordi- nary publication
 "The great newspaper has fifty or more men on the staff It has 300 cores pondents. It has all the thousand agencies f of the Associated Press. It's intelligence comes to it through all these multiplied sources. This vast machinery is the in- dispensable condition of modern journal ism. Enforce the utmost vigilance and how is it possible, in human nature, with all these agents to prevent mistakes? :? For mistakes which inf1ict actual injury the newspaper Is now liable and there is full redress, as there ought to be. But how shall this new danger of emotional or imaginary damages be met? How shall physical and mental suffering be meas ured? It Is intangible, imperceptible, in- commensurate. It lies locked up in the heart or the imagination of the com plainant. He chooses to swear to 1t. and how can it be combatted or estimated? :? And in what cases may it not be claimed?
 Errors Are Unavoidable.
 Tn the presentation of the news of the day errors will inevitably creep in The errors need not under this bill be libellous. They need only result from what may be called negligence and every error may be regarded as showing negligence at some point Thus every error, every misprint every mistake in any single ele- ment of a statement, may be made the basis of a suit for damages. What shark will not leave the trail of the trolley in his hunt for prey to pursue the news paper in this most prolific field? ne Dii1 lS SptCldl itBiSldtiDI III that IL excludes weekly newspapers. It treads all around the weekly and carefully avoids stepping on it. This is no acci- | dent.
 This bill Is utterly powerless to stop the particular kind of publication which it aims at, but it encompasses legitimate | publications with an unlimited network of ] embarrassment and vexation; 1t would | cripple and curtail the presentation of i the regular and proper news of the day; ! 1t would start up whole swarm of spec ulative shysters and curb blackmailers; it infringes the just and constitutional liberty of the press and will Impair that valuable protection for public morals and public rights which is found in the search | light of publicity It is special legisla- | tion in undertaking to make law for | daily newspapers while exempting the weekly from it's operations. It perpe- trates gross wrong in seeking to fasten the principal responsibility upon the agent, where the agent does not only not com | init the offense, but where he has not --...k k- f&