The sun., 1903-05-15
The New Pennsylvania Libel Law.

PENNYPACKER OF pennsylvania lasl
Tuesday. has ever been enacted by any
American Legislature. 1t bears on Its
face the aim of preventing criticism OF
State officials.
The law in its first section provides that
civil actions may be brought against the
owner, publisher or managing editor ol
any newspaper to recover damages
resulting from negligence in the ascer-
tainment of facts, and in making publlca-
tons affecting the character reputation
or business of citizens.
In its second section it provides that
if it shall be shown that the publication
resulted from negligence on the part OF
such owner, manager or editor, IN the
ascertainment of the facts or in the publ
cation thereof, compensatory damages
NAV be recovered for injuries to business
and reputation resulting from such publi-
cation, as we'll as damages for the physi-
cal and mental suffering endured by the
injured party" and if such libellous
matter has been made specially promi-
nent BY use of pictures, cartoons or dis
played type, the jury shall have the right
to award punitive damages.
The law further requires the name OF
the owner and the name of the managing
editor-and if such owner be corpora
ton, it's name and the names of it's Off
cers-to be published in every copy OF
every issue on the editorial page, and it
makes a failure to observe this require
ment misdemeanor, punishable by
fine of not less than $500.
The memorandum filed by the Gov
ernor of the State is violent in language
and vindictive in spirit:
A cartoon In daily journal Of May defines
the question with entire precision. An ugly little
dwarf representing the Governor OF the Common
wealth stands on crude stool. The stool Is sub
ordinate TO and placed alongside OF huge printing
press with wheels as large as those OF an OF team
and all are so arranged give the idea that when
the press starts tho stool and its occupant will be
thrown to the ground.
Put into words. the cartoon asserts to the world
that the press Is above the law and greater In
strength than the Government. No scfrespec'.
Ing people will permit such an attitude TO be long
maintained. In England a century ago the Of
fender would have been drawn and auartered and
his head stuck upon pole without the gates. In
America to day this is the kind OF arrogance which
goeth before fall "
And later on, in his message, this ex-
traordinary Executive says: For con-
tinual persistent public violation of the
law, the publication 80 offending may be
abated by the courts as public nui-
sance."
Such language might have been ut
tered by one Of the infamous Judges
of England in the old days, when men
on summary conviction OF alleged Sc
ditious libel of Government officials were
cruelty punished for simply publ shing
the truth, but this is the first instance of
an American Governor avowing vim
dictive wish to enforce an unusual pun
ishment for daring to critcise his public
career.
Among the objections to the new law
which are patent to every lover of free
dom, are the following:
The bill creates new artificial crime,
consisting in the mere failure to publish
on the editorial page the name of the
owner or of the editor Of the newspaper.
1t introduces a new element in libel,
allowing compensatory damages for al
legged physical and mental suffering, thus
opening the door to limitless fraud and
perjury. The gist Of the action for libel
is injury to reputation; there can be no
physical suffering directly caused by
publication; and mental suffering and
illness are not natural consequences Of
defamation. The law of libel as it stands
to-day is quite severe enough, for it
allows malice to be inferred from the
falsity Of the publication. and permits a
jury to award substantial damages with
out any proof Of loss or injury.
But the underlying objection to this
intolerable law is that it is manfestly
designed to make newspaper punish
able for the publication of the truth, for
the terms of the law are absolute, and
under its provisions every editor who
permits the publication of facts injurious
to character, reputation or business,
however true the facts may be, can be
mulcted in heavy damages.
Fortunately, however decadent the
Executive and the Legislature of Penn
sylvania may be, that great State has
good courts, and, doubtless. great
Judges, who will enforce the State
CONSTITUTION and its safeguards against
the vindictive desires Of party machines
or arrogant politicians.
The Constitution Of Pennsylvania, in
it's declaration Of rights, provides:
The printing press shall be tree TO srery prrso,
rho may undertake TO eIornfne the procsedinps o.
me LsefsIafure any branch OF Government. and n,
lar shall ever BE- made to restrain the right thereof
The free communlcat ton OF thoughts and opinion.
Is one OF the Inv aluablc rights Of man, and ever,
citizen may freely speak, write and print on an,
subject. being responsible for the abuse OF tina
liberty, No conviction shall be had In any prose
cu,lon for the publication OF papers relating 10 the
of1ciai conduct OF oi,c-rs In public capac!i,
or to any other matter proper for public investiEa
ton or Information. where the fact that such pub
ncsuon was not mal!clously or neglgently mad'
shall be established 10 the satisfaction OF the jur,
and In all indictments for ibcls the jury shall hav
the right 10 determine the law and tho facts. undo
As 10 the Constitutional objection
Governor PENNYrACKER weakly says:
Since the Constitution Of this State in It's declara
ton concerning liberty OF the press directs ,ba
there shall be responsibility for the abuse of ,hs
liberty and since the test is that publication