The Montgomery advertiser., 1903-04-22
LIBEL BILL
 IS ASSAILED. Smith Pleads EloQuently
 for the Press. GRADY-SALUS MEASURE Ex-Postmaster General Says Itis a Boon for Shysters. Errors are Inevitable, and for Those That Injure the Newspaper at
 Present Stands Ready
 to Pay.
GRADY-sALUs MEASURE

Harrisburg. Pa, April 2.-Every im- portant newspaper in Pennsylvania was represented at the meeting today on the Grady-Saius libel bill held by Governor Pennypacker in the Hall of the House of Representatives. Attorney General Car son sat with the Governor throughout 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 Phil adeiphia Press. who was presented by Thomas v. Cooper. of the Media Ameri- can.
 At the outset of Mir. Smiths address Governor Pennypacker took exception to his use of the word 'fnsolently," and suggested that 1t would be we'll for the speakers to omit the, strong adjectives. Mir. Smith accepted the suggestion. say ing at the same time that he spoke strongly because he felt strongly. He said:
 Raps the Legislature.
 "At the outset beg to thank your excellency on behalf of all my associates for granting this hearing. You have gtv- en us what the Legislature ruthlessly and insolently denied us We asked for the hearing to which we were entitled in the commonest fair play among men. We were contemptuousiy refused ali oppor- tunity to defend our rights and to protest against what we believe to be non- strous wrong.
 we stand for The just liberty of the press, but not for its abise. We do not object to any wholesome restraint upon irresponsible. malicious and hcentious journalism, nor do we desire that the bars against libellous publications shall be let down. We accept the law which holds us responsi,le ,le for actual injury when inflicted by our publications, even though inadvertent ard unintended, for We know that this Is one of the necessary risks of our business.
 Great Folly of the Bill.
 .-rhe great folly of this bill is that It Is utterly ineffective and futile for the purpose for which 1t was really desig- mated. while 1t exposes reputable newspa- pers to the constant and unavoidable danger of costly, .vexa atious and black mailing suits. It must fail of it's plain intent while 1t Is infinitely mischievous in other directions.
 What measure of protection Is offered here which is not found in the present statute? Is 1t in the more stringent pro- visions for liability on account of neg hgence in the ascertainment of facts and in making a publication
 '"The very essence of libel Is that the publication shall be of a defamatory or injurious character. The law now rightly holds the newspaper responsible for the publications of that nature. But this bill would incorporate a new principle in the code It would make a publication actionable in which there has been neg ligence even where there Is nothing of q defarnatory or injurious character. It does not require the matter should be hbelous. and so. this bill practically makes every incorrect publication ac- tionable, no matter what it's character What unlimited fields of litigation, what boundless sources of annoyances are opened in this extraordinary publication
 Complicated Machinery.
 '"rhe great newspaper has fifty or more men on the stan. It has 500 correspond ents. It has all the thousand agencies of the Associated Press. Its intelligence comes to 1t through all these multiplied sources. This vast machinery is the in- dispensable condition of modern journal ism. Enforce the utmost vigilance and how is 1t possible, in human nature, with all these agents, to prevent mistakes? :? For mistakes which infiict actual injury the newspaper is now liable and there is full redress and ought to be. But how shall this new danger of emotional or imaginary damages be met? How shall physical and mental suffering be meas ured? It Is intangible. imperceptible, in- commensurate. It lies locked up in the heart or the imagination of the com plainant. He chooses to swear to 1t. and hnU tf ha tad 2 And in what cases may 1t not be claim ed?
 Errors are Unavoidable.
 ''In the presentation of the news of the day errors will inevitably creep in. The errors need not under this bill be libel ous. They need only result from what may be called negligence and every error may be regarded as showing negligence at some point. Thus every error, every misprint, every mistake in any single ele- ment of statement, may be made the basis of a suit for damages. What shark will not leave the trail of the trolley in his hunt for prey to pursue the news paper in this most prolific field.
 '"The bill Is special legislation in that 1t excludes weekly newspapers. It treads all around the weekly and carefully avoids stepping on it. This Is no acci- dent.
 And It Is Powerless.
 This bill is utterly powerless to stop the particular kind of publication which 1t aims at, but it encompasses legitimate publications with an unlimited network of embarrassment and vexation; 1t would cripple and curtail the presentation of the regular and proper news of the day; 1t would start up a whole swarm of spec ulative shysters and curb blackmailers; 1t infringes the just and constitutional liberty of the press and will impair that protection for public morals and public rights which is found in the search light of publicity. It is special legisla- tien in undertaking to make a law for daily newspapers while exempting the weekly from It's operations. It perpetrates e gross wrong in seeking to fasten the principal responsibility upon the agent, where the agent not only does not com init the offense. but where he has not