The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-04-22

% is utterly ineffective and futile for
lAe purpose for which IL is really de-
signed, while 10 exposes reputable news
papers Co the constant and unavoidable
danger of costly, VeNatiOus and black
mailing suits. 10 must fail OF it's plain
intent while 10 is infinitely mischievous
in other directions.
THE very essence of libel is that the
publication shall be- of "a defamatory
or injurious character. The law now
rightly holds the newspaper RESPONSE
bic for publications of that nature But
This ii.l would incorporate "a new prin-
ciple iu the code 10 would make any
publication aCtiOuable Iu which there
has been negligence. even where there
Isl nothing of a def8matOry or injurious
character. 10 does not require that the
matter should be IbeLOus And so this
bin practically makes every incorrect
publication actiouable. no matter what
ITS character What unlimited fields
ot litigation. what b0uudless sources Of
annoyance are opened i'm this extra
ordinary provision.
"Ihe great newspaper has fifty or more
mon ON The staff. To has SEQ correspond
cuts. 10 has an the thousand agencies
Ct the Associated Press. It's intelligence
comes Go 20 through an these multiplied
sources. This vast machinery Is the in-
dIsuCusahle condition of modern Journal
ism. Enforce the utmost vigilance and
how ls it possible. Boo human nature, with
all these agents 90 prevent mistakes
For mistakes which IuflIst actual in
jury the newspaper is now liable and
there Is FUN redress, as there ought 90
De- But how shall this new danger Of
emotional or imaginary damages be- met?
How shall physical and mental suffer
ing. Dee measured TO is intangible, inn
perceptihle. ucOmmeusuTable. To lies
locked up lu the heart of the magma
tiou of tha complainant He chooses 10
swear 90 lt. and how can 10 Doe cOmbated
or estimated2 And iu what cases may IL
not Doe cllim-d2
Errors Creep In.
"Iu the presentation Of the news Of
The day errors viii inevitably creep iu.
The errors need not under this bill. be
hlelous they need result only from neg
lgcncc. and The error may be regarded
as showing negligence az some point
Thus every error. every misDrint every
mistake boo ANY single element of state
meut may DE- made the basis OF "a suit
Tor damages What shark VIII not leave
tho tran Of -he trolley ln his hunt for
prey Oh pursue the newspaper in this
more prolific 0eIdy
The b.ll is special legislation boz that IL
excludes weekly newspapers 10 treads
ai around the weekly and carefully
avoids stepping on TO- This is no acci-
dent The language is three times re-
peIttd in the course OF the bin and every
time iu the same peculiar terms and with
Che same execution.
There are no monthly or bi-weekly
newspapers. To is contradiction Of
terms. There are only forty semi-weekly
papers lu Pennsylvania. The Weeklles
lu Pennsylvania number 954 and the
daIlies number 2l1 TO declare that "a
statement is "a libel when printed In 209
daiies and NOT ca libel when printed IN 954
Weeklies is simply grOtesQue.
This bin is utterly poWeriess 90 stop
the particular kind of publication which
a. aims an but 10 encompasses legiti-
mate publications with an unlimited net
work of embarrassment and yeNation. BE-
would cripple and curtail the presenta-
zion off Che regular and proper news Of