Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1903-04-22
LIBEL BILL ARGUED
Charles Emory Smith Says Pro-
posed Law Is Blow at
Free Speech.
EDITORS ARE GIVEN A HEARING
Arguments Advanced Why Grady
Salus Measure Should Not Become
Law-PhiIadeIphla Attorneys
WANT Press Restricted.

HARRISBURG. April zz.-EFeTy tm-
portant newspaper in Pennsylvania
was represented at the hearing on the
Grady-Salus libel bill by Governor
Pennypacker in the hall of the house
of representatives. Attorney General
Carson sat with the governor through
out the hearing. but neither indicated
what would be the governors action
on the measure.
The opening speech was made by
Charles Emory Smith, of the Phila-
delphia Press, who was presented by
Thomas v Cooper, of the Media
American. At the outset of Mr..
Smiths address Governor Penny
packer took exception to his use of
the word "insolently" and suggested
that II would be well for the speak.
ers to omit the strong adjectives Mr..
Smith accepted the suggestion, saying
9t the same time that he spoke
strongly hceause ne felt strongly.
The governor. continuing his inter-
rHrden Sid that he merely objected
- = desert oticn of the Legislature as
insolent. He repeated his allegation
that the LEGISLATURE represented the
people. Mr. Smiths reply to this
libel on the people was not very long
deferred. He again declared that
whether insolent or not, the legisla.
ture had denied the opponents of the
bill a hearing.
Then he quoted the opinion of some
of the greatest of mankind, from John
Milton to Thomas Jefferson, to the eff
feet that the printing press is the tru-
est representative of the people. This
was about as much criticism of the
legislature that the speaker permitted
himself He then turned his atten-
ton to the bill itself
Errors Happen in Spite of Vigilance.
He described the vast army of cor
respondents and news-gathering agen-
eies that every great newspaper Is
forced to employ, and said that some
error will creep into its news reports
IN consequence of this complicated
system in spite of the utmost vigil
lance that may be exercised. He laid
emphasis upon the fact that this pro-
posed law differs from all other laws,
either in existence or proposed. IN
that it contemplates giving legal dam
ages for something vaguely described
as negligence even In cases where the
negligence IS not attended by libel.
Another point considered by Mr..
Smith was the class aspect Of the bill,
He argued that the bill specifically
exempts weekly newspapers from its
provisions There are 40 semi-weekly
papers in the state, 954 weeklies and
209 dailies, and the speaker considered
it an insult to the governor of the
state that the legislature should dare
to send him bill which is class legis-
lation on it's face and which was so
worded as to exempt weekly papers
in order to secure the necessary num-
Der Of votes,
The Governor asked Mr.. Smith If
the title of the bill, which refers to
every newspaper published in the
commonwealth" does not cover all
newspapers.
Class Legislation.
Mr.. Smith re7l'ed that the phrase
every revsparo" Alisto1 in the
mmo- halth" - Il title - bin
applies solely to the requirement thai
the names IF owners shall ho nuhlish-
ed. lat part of y Il referr ag 10
lib Z v or g. lite ar I 80 y
so-ts Of naa59alo.s are mentioned
except wcalllv newspapers. The
speaker declared it to be his convic-
ton that the bill is class legislation,
and in his opinion he said he was sus-
tanned by the highest legal authority
in Pennsylvania.
Another constitutional defect in the
measure, according to Mr.. Smiths
advice. is its containing two different
and distinct subjects in its title, the
one referring to requirement con-
corning the publication of the names
OF newspaper owners, the other de-
fining and prescribing penalties for
libel
Mr.. Smith concluc ed by stating his
opinion that to abate one newspaper,
which may perhaps exceed it's proper
license, the whole newspaper press of
the state is to be made the prey of
Matchmaking harpies and curbstone
shysters.
Simpson Wants Bill Signed.
Alexander Simpson, Jr., Philadel-
phia lawyer, in urging the governor
to sign the biz, said the highest court
Of Pennsylvania has declared that
there is a necessity for a change in
the laws governing newspapers and
read from an opinion of the supreme
court In the case of ex-Mayor Smith
against the Philadelphia Times. He
read several othe' opinions by the
supreme court to prove his conten-
ion that the liberty of the press
should be restrained. This bill, he
declared. is designed to hinder the
abuse Of the license of the press by
very small minority of the newspa.
Rers OF the state. Mr. Simpson de-
aied the contention of the newspaper
hat the existing libel laws are sufi-
lent.
Richard c. Dale, another Philade!.
lia attorney, also spoke in favor OF
be bill.