The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-22
LIBEL BILL D|SSEGIED
Upon the Consideration OF the
Newspaper Libel Bill.
1T ISM OPE R A T " {
To Put a Stop to :the Evils
Complained Of.
II Is IN 0 P { R A T V {

Harrisburg. Pa. April 21.-The follow
ing is an abstract of address of Charles
Emory Smith, in opposition TO libel bill
before Governor Pennypacker
At the outset l beg TO thank your ex-
cellency on behalf of all my associates
| for granting this hearing. You have given
US what the legislature ruthIessly and
| insolently denied US This bill was rushed
| through that body with unbecoming. if
not indecent haste. in contempt of the
spirit of the constitution aud as l believe
in disregard TO its letter. 1t deeply affects
our rights and property. We asked for
the hearing to which we were entitled in
| the commonest fair play among men. We
were contemptuously refused all opportu-
nifty to defend our rights and TO protest
against what We believe to be a mon
strous wrong. and this shameful refusal
compels US TO appeal to the fairness, the
rectitude and the justice of the governor
of the commonwealth.
We are here in great numbers from all
parts of the state. We are of one accord
and We are profoundly IN earnest. We
believe that our most vital rights and
interests are at stake. And, we must
in common manhood defend them now
and hereafter. We stand for the just
liberty of the press but not Tor Its abuse.
We do not object TO any wholesome re-
straint upon irresponsible. malicious and
licentious journalism. nor do we desire
that the bars against libellous publica-
lions shall be let down. We accept the
law which holds us responsible for actual
injury when inflicted by our publications,
even though inadvertent and unattended
for we know that this is one of the nee
essary risks of our business. In the main,
the press reflects the public tone and
temper. 1t is what the people ask and 1t
is what the people want.
The great folly of this bill is that ii is
utterly ineffective and futile for the pur-
rose of which it is really designed. while
Il exposes reputable newspapers to the
constant and unavoidable danger of
costly, vexatious and blackmailing suits.
1t must fail of its plain intent while it
is infinitely mischevious in other direc-
tons.
What measure of protection is offered
here which is not found in the present
statute? Is it in the more stringent pro-
visions for liability on account of ''negli-
gence in the ascertainment of facts and
in making publication" but in this par
ticular kind of publication, least of all
does negligence" appear. Their very
characteristic is that they intend, delib-
crate. studied and carefully prepared.
Is is that they are Extensively libelous?
But If so they are open to prosecution
now Is it because punitive damages can
be awarded? But punitive damages can
be awarded now Is it because there is
a new provision for damages for physical
and mental suffering? But though not
distinctly specified and itemized as such
a jury can take that element into ac-
count in making up its sum total OF dam
ages now.
An intelligent and reasonable consider
alton of those points demonstrates that
the bill is abortive so far as relates to Its
special purpose.
The very essence of libel is that the
publication shall be Of a defamatory or
injurious character. The law rightly holds
the newspaper responsible for publication
of that nature. But this bill would IN
corporate a new principle IN the code. IL
would make any publication actionaole
in which there has been negligence, even
where there is nothing Of defamatory
or injurious character. 1t does not re-
ouire that the matter should be libellous.
And so. this bill practically makes every
incorrect publication actionable, no mat
ter what its character. What unlimited
friends of litigation, what boundless !
sources of annoyance are opened on this |
extraordinary provision.
The great newspapers has fifty or more |
men on the staff. 1t has five hundred |
correspondents. 1t has all the thousand |
agencies of the Associated Press. Its |
intelligence comes to IL through all these |
multiplied sources. This vast machinery |
is the indispensable condition Of modern |
journalism. Enforce the utmost vigilence !
and hiw is II possible, in human nature /
with all these agents. to prevent mis-
takes? For mistakes which infifct actual 1
injury. tho newspaper is now liable AMI
there is fun redress. as there ought to /
he But how shall this new danger Of \
emotional or imaginary damages be met? !
How shall physical and mental suffer /
ing be measured II is intangible, i'm
incommensurable. Il lies
locked up in the heart OF the imagina-
ton of the complainant. He chooses to
swear to it and how can it be combstted /
or estimated? And in what cases may 1t
be claimed.
In the presentation Of the news of the /
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