The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-04-24

Harrisburg, Pa, April 21.-Every
important newspaper in Pennsylvania
was represented at the hearing on the
Grady-Salus libel bill by Governor
P~ennypacker today in the hall Of the
house of representatives.
Attorney General Carson sat with
the governor throughout the hearing,
but neither indicated what would be
the governors action OF the measure.
The opening speech was made by
Charles Emory Smith, of the Phila-
delphia Press. At the outset of Mr..
Smiths address Governor Pennypack-
er took exception to his use of the
word ~"insolently" and suggested that
it would be we'll for the speakers to
nit the strong adjectives.
Mr.. Smith accepted the suggestion,
saying at the same time that he spoke
strongly because be felt strongly. Mr..
Smith said in part:
This bill would incorporate a new
principle in the code. 1t would make
any publication a%ctionable in which
there has been negligence even wher
there is nothing CT a defamatory or
injurious character. 1t does not re-
qulre that the matter should be libel
lous. And SO this bill makes every
incorrect publication ~actionable, no
matter what it's character. What I'M
limited fields Of litigation. what bound
less sources of annoyance are opened
in this extraordinary provision.
In the presentation of the news of
the day, errors will inevitably creep
in. The errors need not under this
bill be libellous. They need only re-
suit from what may be called negli-
gence, and every error nay be regard
ed as showing negligence at some
point. Thus every error, every mis-
print, every mistake in any single ele-
ment of a statement may be made the
basis of a suit for damages.
1.-The bill is special legislation in that
it excludes the weekly newspapers. 1t
treads all around the weekly and care
fully avoids stepping on it. The week.
LIES in Pennsylvania number 954 and
the dailies 209. To declare that a state
ment is a libel when printed in 2O9
dailies n not a libel when printed in
954 weeklies is simply grotesque,
"Ihi bill is utterly powerless to
stop the peculiar kind of publication
which it aims at, but it encompasses
legitimate publications With an I'M
limited net work of embarrassment
n veXation. 1t would cripple and
curtail the presentation Of the regular
and proper news Of the day. It would
start UP a hole swarm of speculative
shisters and curb stone black mailers.
1t infrinses the just and constitution
al liberty of the press and would i'm
pair that valuable protection for pub
lie morals and public rights which is
found in the S~earchlight of publicity.
1t is special legislation in undertaking
to make a law for pap lille
excepting the weekly newspapers from
its operations. 1t perpetrates a gross
wrong in seeking to faSten the princi-
pal responsibility unon the agent,
where the agent not only does not
commit the ~offense, but where he has
not even the power to prevent it."
Alexander Simpson. Jr.. and Rich
ard G. Dale, both Of Philadelphia,
spoke in favor of the bill, and Thomas
V. Cooper. a member of the legisla-
ture, and Cyrus G. Derr, an attorney.
agent if.
The libel bill provides that civil ac-
ton may be brought against any own
er or managing editor Of any news
paper published in Pennsylvania to re-
cover damages resulting from negli-
Gence on the part of such owners or
managing editors in publications af-
ffcting the character. reputation or
business OF citizens and that compen-
EaTorN damages nay also be recovered
Tor the physical and mental suffer-
ings endured by the injured parties"
and when ever such publication is
given special prominence by the use
OF cartoons, etc, a jury shall have
the right to award punitive damages
against the defendants. 1t also pro-
Vides that every newspaper published
in Pennsylvania shall publish on the
editorial page, the name of the owner
or oWners. together with the name of
the managing editor.