The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-21

in this particular kind of publication
least of all does negligence appear.
Their very characteristic is that they
are intended, deliberate, studied and
carefully prepared. Is it that they are
extensively libelous? But if so they are
open to prosecution now Is it because
punitive damages can be aWarded2 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 account in
making up its sum total of damages
now. An intelligent and reasona BILE
strates that the bill is abortive so far
as relates to its special purpose The
very essence of libel is that the publi-
cation snail be of a defamatOry or in
furious character. The law now rightly
holds the newspaper responsible for
publications of that nature. But this
bill would incorporate a new principle
in the code. It would make any publ
cation actionable. in which there had
been negligence even where there is moth
ing of a defamatOry or injurious char
acter. 1t does not require that the
matter should be libellous And so,
this bill practically makes every ineor-
rect publication 2ctiOnable, no matter
what its character. What unlimited
fields of litigation what boundless
sources. of annoyance are opened, in
this extraordinary provision
THE great newspaper has fifty or
more men on the staff. 1t has 500 cor
respondents. It has all the thousand
agencies of the. Associated Press. Its
intelligence comes to 1t through an
these multiplied sources This vast
machinery is INDISPENSABLE to modern
Journalism. Enforce the most vigilance
and how is it possible, in human nature.
with all these agents to prevent mis-
takes For mistakes which infict actual
s~,5 fT,. no fc fo
and there is fun redress. as there ought
to be. But how shall this new danger
Of emotional or imaginary damages be
met? How shall physical and mental
suffering be measured2 It is intangible
imperceptible, incomnensurable. 1t
lies locked UP in the heart or the inn
agination of the complainant He
chooses to swear to it, and how can it
be conbatted or estimated2 And III
what cases may it not be claimed2
In the presentation of the news OF
the day errors will inevitably creep in
The errors need not under this bill be
libelous. 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 nlisDrint. every mistake in
any single element of a 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 pur
sue the newspaper in this more prolific
field.
The bill is special legislation in that
it excludes weekly newspapers. 1t
treads all around the weekly and care
fully avoids stepping on it. This is no
accident The language is three times
repeated in the course of the bill and
every time in the same peculiar terms
and with the same exception.
There are no monthly or bi-weekly
newspapers. 1t is contradiction of
terms. There are only forty semi-week-
lies in Pennsylvania The weeklies in
number 209. To declare that a state
ment is a libel when printed in 209 dali
lies and not a libel when printed in 954
Weeklies is simply grOtesque.
This bill is utterly powerless to stop
the particular kind of publication which
it aims at, but it encompasses legiti-
mate publications with an unlimited
net work of embarrassment and vexa-
ton. 1t would cripple and curtail the
presentation of the regular and proper
news of the day; it would start up a
whole swarm of speculative shysters
and curbstone blackmailers. it fnfringes
the just and constitutional liberty Of
the press and would impair that valu-
able protection for public morals and
public rights, which is found in the
searchlight of publicity: it is special
legislation in undertaking to make law
for the daily newspaper while exempt
ing the weekly from its operations. 1t
perpetrates q gross wrong in seeking to
fasten the principal responsibility upon
the agent where the agent not only
does not commit the offense but where
he has not even the power to prevent
it."