New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-05-14
and at which order and justice are assured 10
the general community.
THE PENNSYLVANIA GAG.

The severest critics of the new Pennsylvania
newspaper gag law, which has just been signed
nv Governor Pennypacker. have done less 10
reveal its purpose TO muZZle the press III ihe
interests of politicians than the Governor uoe'
in his memorandum of approval On us laoe
the measure purports merely TO hold newspapers
liable for negligence in the publication Oh IN
accurate statements. 1t says, first, tnal ci'h
actions may be brought for any publication re-
sulting from negligence in the establishment Vi
the facts; second that compensatory caIndses
may be awarded for any injuries TO business vi
reputation from such publication; tnlrd' lhdt
damages may be awarded for phySlcaI anu
mental suffering caused thereby, ana, tourLH'
that when the matter published Is noelious' anu
has been made specially prominent by cartoons
or headlines punitive damages may De gwen
1t also provides that the names of owners, pro-
prietors, publishers and managing editors OF
newspapers shall be published in them, and that
any one of these may be made defendants III
suit.
This in no way seems to touch the grievance
of the noIitjcians who object TO bitter invechVe
and rtdicuIe by word OF picture. Indeed Charles
Emory Smith In his argument before the Gov
ernor against the bill. declared that 1t wouid
not accomplish what they wanted at ALL SUCH
political attacks were made with clrcumspec-
ton and forethought If they were hDelious
tbe law already gave ample remedy, including
nunit;ve DAMAGES The bills real accomplish
mont would he the opening of the door to black
mailers Newspapers already were responsible
for ANYTHING maliciOusly 1ibellous or anything
iDnocently false which resulted In actual dam
age This bill opened the door to suits over
mere incorrectness which was not injurious III
character. and invited the shysters to rake the
newspapers for slips on which TO claim DAM
ooes for fancied injuries, though there moth
ing Ibelcus in the publication. For anything
really Objectionable it provided no new safe
guards. It merely subjected reputable news
papers 10 annoyance and extortion, and arbl-
trarilv made employees of newspapers who
might have no control over publications in 1t
liable for the acts of the responsible editor.
Ignoring all these considerations Governor
Pennvpacker, signs the bill, and in doing so
throws off the mask and amply justihes those
who have denounced 1t as the product Of bitter
ness and resentment A good part OF his memo
randum is given up to complaints against car
ICONS and political criticisms. He says or
cartoon representing the Governor as dwarf
beside a huge printing press: In England
century ago the offender would have been
drawn and quartered and his head stuck upon
"a pole without the gates" He refers specln-
caIly to cases of partisan vilifcation, and tells
how "a Mayor of our chief city has been called
"a traitor, Senator OF the United States has
"been denounced a yokel with sodden
BRAIN and threatens that persistent offenders
NAV subject their newspapers to suppression.
Likewise he complains that bishops, too, hurry
into print without investigation, and with only
such information as comes from muddy
sources TO express their disregard for those
"whom the people have intrusted with au-
"thority.''
All this shows clearly the personal sensitive
ness of the Governor, and the purpose, if pos
sible TO punish the newspapers who have dared
TO carry opposition to his political friends to
the point where it hurts 1t is not the mac
curacies and negligence harming private citi-
zens which the bill pretends to deal with that
| the Governor wants TO punish. but the rid1cuIe
and invective of public officers, which, ever
| since John Peter Zenger was tried for nbeliing
1 the Colonial Government Of New-York In 1873,
| has been considered one of the legitimate weap-
| ons of a free press set to guard public lib
| erty and check official abuses. II was Penn
| sylvanian, Andrew Hamilton whose eloquence
then established the right of the press to free
discussion of the conduct of public men. 1t
| must be a melancholy reflection to the citl-
zens Of that great commonwealth that nearly
| two centuries later Pennsylvania should be
| dragooned into adopting foolish measure, cal
| culated to promote Matchmaking of newspapers,
at the behest of politicians sore as Chief Jus
| tee De Lancy was sore under Zengers criti-
| csms and as the ministers of George III were
sore under the shafts of Junius and John
Wilkes. and anxious not to protect the people
| from the real faults of journalism, but only to
stife criticism of themselves.
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