The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-22
WEAVING A WEB TO
ENSNARE THE PRESS
Charles Emory Smith on the
Grady-SaIuS Bill.
1T Is A BLOW AT LIBERTY
And Would Impair That Valuable Protection for
Public Morals and Public Rights Which is
Found in the Searchlight Of
Publicity.
(By the Associated Press.)

(By the Associated Press)
Harrisburg, Pa, April 21.-Every i'm
portant newspaper in Pennsylvania was
represented at the hearing on the Grady
Salus libel bill by Governor Pennvpacker
today in the Hall of the House of Rep
resentatiyes Attorney General Carson
sat with the Governor. throughout the
hearing but neither indicated what would
be the Governors action on the meas
ure
The opening speech was made by
Charles Emory Smith, of the PHILADELPHIA
Press. At the outset of Mr. Smiths ad-
dress Governor Pennypacker took excep-
tion to his use of the word "insolently'
and suggested that it would be well for
the speakers to omit the strong adjec-
tives. Mr.. Smith accepted the suggestion
saying at the same time that he spoke
strongly because he felt strongly.
Mr.. Smith said in part:
This bill would incorporate a new
principle in the code 1t would make
any publication actionable if there has
been negligence even where there is
nothing of a defamatory or injurious
character. It does not require that the
matter should be libellous And so. this
bill practically makes every Incorrect
publication actionable no matter what its
character What unlimited fields of liti-
cation are opened in this extraordinary
provision.
I'm the presentation OF the news of
the day, errors will inevitably creep in.
The errors need not nder this bill be
libellous. They need only result from
what may be called negligence, and every
error may be regarded as showing negli-
gence at some point Thus every error.
every misprint, every mistake on any
single element of a statement may be
made the basis of a suit for damages
'The bill is special legislation in that
it excludes weekly newspapers 1t treads
all around the weekly and carefully avoids
stepping on 1t.
THE weeklies in Pennsylvania number
954 and the dailies 209 To declare that
a statement is a libel when printed in
2O9 dailies and not a libel when printed
IN 954 weeklies is simply frotesque
This bill is utterly powerIess to stop
the particular kind Of publication. which
it aims at but it encompasses legitimate
publications with an unlimited net work
of embarrassment and vexation; it would
cripple and curtail the presentation Of
the regular and proper news of the day
it would start up a whole swarm of
speculative curbstone blackmailerB, it
nfringes the just and constitutional lib
erty of the press and would impair that
valuable protection for public morals and
public rights which Is found in the
searchlight of publicity; it is special leg
islation in undertaking to make a law
for newspapers while excepting the week
ly newspapers from itSz operations; it
perpetrates n gross wrong In seeking to
fasten the principals responsibility upon
the agent, where the agent not only does
not commit the offence but where he has
not even the power to prevent II"
Alexander Simpson, Jr., and Richard
C. Dale, both of Philadelphia, spoke in
favor of the BILL and Thomas V. Cooper.
a member of the Legislature, and Cyrus
G. Derr, an attorney, agalns- it.
The libel bill provides that civil action
may be brought against any owner or
managing editor of any newspaper pub
lshed in Pennsylvania to recover dam
ages resulting from negligence on the
part of such owners or managing editors
in publications affecting the character,
reputation or business of citizens and
that compensatory damages may also
be recovered for ''the physical and men
tai sufferings endured by the injured par
ties" and whenever such publication is
given special prominence by the use of
cartoon, etc, jury shall have the right
to award unitive damages against the
defendants. 1t also provides 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.