Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-21
VICIOUS LIBEL BILL
Charles Emory Smith De-
nounces New Law
FOR PENNSYLVANIA
HE DECLARES 1T WILL WORK IN
JUSTICE.
Says the Present Statute Guards the
Rights CT All Citizens
Against Damage.

HARRISBURG. Pa, April 21.-Every i'm
portant newspaper in Pennsylvania was
represented at the hearing on the Grady
Salus libel bill by Gov. Pennypacker today
in the hall of the house of representatives.
Attorney General Carson sat with the gov
ernor throughout the hearing. but neither
indicated what would be the governor
action on the measure.
The governor and attorney general ar
rived in the hall of the house promptly at
10 o'clock and were greeted with applause.
The governor said the bill was very i'm
portant one. and he was anxious to hear
both sides, and he suggested that two rep
resentatves from each side be heard in Or
der to save time. He also suggested that
the opponents of the bill be heard first
The opening speech was made by Charles
Emory Smith of the Philadelphia Press,
who presented by Thomas v. Cooper
of the Media American. At the outset of
Mr.. Smiths address Gov. Pennypacker took
exception to his use of the word "inSOlent-
ly,'' and suggested that 1t would be well
for the speakers to omit strong adjectives
Mr.. Smith accepted the suggestion, saying,
at the same time. that he spoke strongly
because he felt strongly.
Charles Emory Smiths Remarks.
Mr.. Smith said: AT the outset, 1 beg to
thank your excellency on behalf of all my
associates for granting this hearing. You
have given us what the legislature ruthless
ly and insolently denied u.s. This bill was
rushed through that body with unbecom-
ing if not indecent haste. in contempt of the
spirit of the constitution and as believe
In disregard to It's letter. 1t deeply affects
our rights and our property. We asked for
the hearing, to which We were entitled in
the commonest fair play among men. We
vr-1r nnptn DfrrnI q n
ity to defend our rights and to protest
against what we believe to be monstrous
wrong. and this shameful refusal compels
us to appeal to the fairness, the recutude
and the justice of the governor OF the COM
monwealth.
We are here in great numbers from all
parts of the state We are of one accord
and we are profoundly in earnest. We be-
1ieve that our most vital rights and inter-
ests are at stake. And we must in common
manhood defend them now and hereafter.
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
desire that the bars against libelous
publications shall be let down. We accept
the law which holds us responsible for &C
tual injury when inflicted by our publica-
tions. even though inadvertent and unin-
tended, for we know that this is one of the
necessary risks of our business. In the
main, the press reflects the public tone and
what the people want.
Folly of the Bill.
1.-THE great folly of this bill is that it IS
utterly ineffective and futile for the purpose
for which it is really designed, while it ex-
poses reputable newspaper to the constant
and unavoidable danger Of costly, vexatious
and Matchmaking suits 1t must fail of its
plain intent while 1t is infinitely mischiev-
Gus in other directions.
What measure of protection is offered
here which is not found in the present stat
ute? Is 1t in the more stringent provisions
for liability on account of negligence in
the ascertainment Of facts and in making
publications. But in this particular kind
of publication least of all does negligence
appear. Their very characteristic is that
they are intended, deliberate, studied and
carefully prepared. Is it that they are Of
fensively libelous? But, If So they are
open to prosecution now. Is it because pu-
nitive damages can be awarded? But punt
tive damages can be awarded now. Is it
because this is new provision for dam
ages for physical and mental suffering?
But, though not distinctly specified and
itemized as such. jury can take that .ele-
ment into account in making up It's sum
total of damages now.
AN intelligent and reasonable considera-
ton of those points demonstrates that the
Dill Is abortive so far as relates to its spe
cfal purpose.
The very essence of libel is that the
publication shall be of a defamatory or in
furious character. The law now rightly
holds the newspaper responsible for publ
cations of that nature. But this bill would
incorporate new principle in the code 1t
would make any publication actionable in
winch there has been negligence, even
where there IS nothing of a defamatory or
Injurious character 1t does not require
that the matter should be Iibelous And
80 this bill practically makes every incor-
rect publication actionable no matter what
its character. What unlimited fields of
litigation, what boundless sources of an
noyance. are opened in this extraordinary
provision,