The Minneapolis journal., 1903-04-21
A BILL TO GAG
NEWSPAPERS
Hearing Before the Governor of
Pennsylvania on Grady-salus
Libel Law.
Corrupt Privileges Gang Of Quay's
State Would Muzzle the
.t- 20.
Press. ~. 49,.
Charles Emory Smith Of the Phila-
delphia Press Makes a Plea
for Liberty.

Harrisburg, Pa, April 21.-Every i'm
rortant newspaper in Pennsylvania Was
represented at the hearing on the Grady
Salus libel bill by Governor Pennypacker
to- day in the hall of the house Of represen-
tatives. Attorney General Carson sat with
the governor throughout the hearing, but
neither indicated what would be the gov
ernor's action on the measure The Dill
is generally described as "a measure to
gag the press" 1t is thought that the
Doodle and special privileges gang IN
Pennsylvania is back of it. E5
A conference of the leading newspa-
pers in the state was held at the board OF
trade building last night to arrange
program. A permanent organization was
effected, and declaration of the sentl-
ment and purpose Of the organization was
adopted by the committee. The declara-
tion says in part:
TT is the sense Of the association that
in addition to the protest which Its repre-
sentatives will present to Governor Pen
nypacker against the enactment or the
libel bill, recently passed by the legislature
and now In the governors hands, the ed1-
tors and publishers Of this state do unite
for protection in common against all
movements or legislation tending to
abridge the freedom of the press or to i'm
pose upon 1t unjust restrictions"
The Hearing Opens.
The governor and attorney general ar
rived at the hall here 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
resentatiVes from each side be heard in
order 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 was presented by Thomas v.
Cooper Of the Media American.
At the outset of Mr.. Smiths address
Governor Pennypacker took exception to
his use of the word "insolently," and
suggested that it would be we'll for the
speakers to omit the strong adjectives.
Mr.. Smith accepted the suggestion, say
ing at the same time that he spoke
strongly because he felt strongly.
D.. An lnsoIent Legislature. e..
AT the outset I beg to thank your ex-
cellency on behalf Of all my associates for
granting this hearing. You have given us
what the legislature ruthlessly and inso-
lently denied us. This bill was rushed
thru that body with unbecorning. II not
indecent haste, in contempt of the spirit
Of the constitution and. as believe, In
disregard to its 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 were contemptuously refused all op-
portunity to defend our rights and to pro-
test against what we believe to be mon
strous wrong, and this shameful refusal
compels us to appeal to the fairness, the
rectitude and the justice Of the governor
Of the commonwealth.
The Liberty Of the Press. .-
=, to-
parts of the state. We are Of one accord
and we are profoundly in earnest. We
believe that our most vital rights and in
terests are at stake. And we must ir
common manhood defend them now anc
hereafter We stand for the just liberty
of the press, but not for its abuse We
do not object to any wholesome restraint
tfous journalism, nor do we desire that the
bars against libelous publications shall be
let down. We accept the law which holds
us responsible for actual injury when in.
ficted by our publications. even tho mad.
vertent and unintended, for we know
that this Is one of the necessary risks Of
our business. In the main the press re.
fleets the public tone and temper. It IL
what the people make 1t and what the
people want. 4 --'.. - -
Folly Of This Bill.
''The great folly Of this bill Is that Il
is utterly ineffective and futile for tn,
purpose Of which 1t is really designed
while 1t exposes repu table newspapers t.
the constant and unavoidable danger O
costly. yexatious and blackmailing suits
It must fail Of it's plain intent while it Il
Infinitely mischievous in other directions
What measure of protection is Offered
here which is not found in the presen
statute? Is it in the more stringent pro
visions for liability on account Of 'negli
gence in the ascertainment of facts ant
in making publications?' But In this par
ticular kind Of publication least of al
does negligence appear. Their very char
acteristic is that they are intended, de
liberate, studied and carefully prepared
Is 1t that they are extensively libelous
But If so, they are open to prosecution
now. Is 1t because punitive damages cal
be awarded? But punitive damages cal
be awarded now. Is it because there
and mental suffering? But, tho not dis
tinctly specified and itemized as such
jury can take that element into accoun
in making up it's sum total Of damage
now. An intelligent and reasonable con
sideration Of those points demonstrate
that the bill is abortive 50 far as relate
to its special purpose. 3 ii
/ Unlimited Opening for Litigation.
The very essence Of libel is that tn
publication shall be Of a defamatory c
injurious character. The law now right
holds the newspaper responsible for publ
cations Of that nature. But this bill woul
incorporate new principle in the cod,
It would make any publication actionabl
in which there has been negligence, eve
where there is nothing of defamator
or injurious character. It does not re
Quire that the matter should be libelou
And so, this bill practically makes ever
incorrect publication acttonable, no ma
ter what its character. What unlimite
fields Of litigation, what boundless source
OF annoyance are opened in this extraord
@ nary provision
How Can Mistakes BE Prevented7
1.-The great newspaper has fifty or MOI
men on the staff. It has 500 correspond
ents. It has all the thousand agenci,
of the Associated Press: It's Intelligent
comes to it thru all these multiple
sources. This vast machinery Is the IL
dispensable condition Of modern journa
ISM. Enforce the utmost vigilance ar
how is it possible In human nature wit
all these agents, to prevent mistakes? r,
mistakes which inf1ict actual injury, II
1 newspaper is now liable and there IS II
j redress, as there ought to be-. But ho
b shall the new danger. OF emotional or in
aginary damages be metz How sha
physical and mental suffering be mea!
4 Continued on Second Page.