Bisbee daily review., 1903-05-01
NEWSPAPERS THREATENED.

NEWSPAPERS THHEAl ENEp.
 The legislature of the state of Penn sylvania has passed law defining the liability of newspapers for false or li- bilious publications which threatens to curtail the liberty of the press of that state.
 The libel bill provides that civil action may be brought against any owner or managing editor of any news paper published in Pennsylvania to re cover damages resulting from negli- gence on the part of such owners or managing editors in publications af- fecting the character, reputation, or business of citizens, and that compen- satory damages may also be recovered for the physical and mental suffer ings endured by the injured parties" and whenever such publication is giv- en special prominence by the use of cartoons etc, the jury shall have the right to award punitive damages against the defendants.
 It also provides that every newspa- per published in Pennsylvania shall publish, on the editorial page, the name of the managing editor.
 Against this bill the editors of the state are protesting with much vigor and last week representatives of ev- cry important newspaper in Pennsly- vania went to the state capital to lay before the governor the reasons why such a law should not be enacted and to point out the great injury it would bring upon the press. The governor accorded the newspaper men a respectful hearing which occurred In the house of representatives. Charles Emory Smith. of the Philadelphia Press, was the principal speaker for the editors MT. Smith pointed out that the folly of the threatened legis- lature was in it's utter inaffectiveness and futility to accomplish the purpose for which it is really designed, while it exposes reputable newspapers to the constant and unavoidable danger of costly, vexatious and blackmaining suits. It must fail of its plain intent, while it is infinitely mischievous in other directions.
 Continuing MT. Smith said: 'The very essence of libel is that the pub lication shall be of a defamatory or injurious character. The law now rightly holds that the newspaper is re- sponsible for publication of that na ture. But this bill would incorpora, 9 a new principle in the code. It would make any publication actionable in which there has been negligence, even where there is nothing of a defamatory or injurious character. What unlim- tied fields of litigation, what bound less sources of annoyance, are opened in this extraordinary provision.
 "The great newspaper has fifty or more men on the staff. It has 800 cor respondents. It has all the thousand agencies of the Associated Press Its intelligence comes to it through all of these multiplied sources. This vast machinery is the indispensable condi- tion of modern journalism. Enforce the utmost vigilance and how is it pos sible in human nature, with all these agents, to prevent mistakes? For mis- takes which infiict actual injury the newspaper is now liable, and there is full redress, as there ought to be. But how shall this new danger of emotion al or imaginary damages be met? How shall physical and mental suff. ering be measured? It is intangible imperceptible, incommensurable Ii lies locked up in the heart of the i'm agination of the complainant. He chooses to swear to it, and how can il be combatted or estimated? And in what cases may it be claimed?
 'In the presentation of the news oi the day errors will inevitably creep in The errors need not, under this bill, be 1ibelous They need only result from what may be called negligence and every error may be regarded as show ing negligence at some point Thus every error, every misprint, every mis take in single element of state ment, may be made the basis of a suit for damages. What shark will not leave the trail of the trolley in hi: hunt for prey to pursue the newspa per in this more prolific field?
 It is to be hoped that this proposed law will be vetoed, Its emanatior would be calamity on the state o Pennsylvania, where is much worl ahead for the press in exposing oficia corruption. especially in some of thu large cities of that state.