The Savannah morning news., 1903-04-22
ARE AGHAST
AT THE LIMITATIONS THE LIBEL
BILL WOULD PUT UPON THEM.
APPEALED TO. PENNYPACKER
AGAINST THE BILL OF PENNSYL-
VANIA'S LEGISLATURE.

Charles Emory Smith Was the Prin-
cipnl Speaker in Opposition to the
Bill at the Hearing Given by the
GOvcrnOr-His Argument to show
Why Newspapers should Not he
Held Liable for Damages In Such
Cases the Bill Provides for.
Governors Attitude Unknown.
Harrisburg, Pa, April 21.-Every i'm
portant newspaper in Pennsylvania was
represented at the hearing on the
Grady-Salus libel bill by Gov. Penny
packer to-day in the hall of the House
of Representatives. Attorney General
Carson sat with the Governor through
out 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 Philadel-
phia Press. At the outset of Mr..
Smiths address Gov. Pennypacker took
exception to his use of the word lin
solently," and suggested that it would
be well for the speakers to omit the
strong adjectives. Mr.. Smith accept
ed the suggestion, saying at the same
time that he spoke strongly because
he felt strongly. Mr.. Smith said In
part:
This bill would incorporate new
principle in the code. 1t would make
any publication actionable in which
there has been negligence, even where
there is nothing of defamatory or
injurious character. 1t does not re-
quire that the matter should be libel
Gus. And so, this bill practically makes
every incorrect publication actionable,
no matter what it's character. What
unlimited fields of litigation, what
boundIess sources of annoyance are
opened in this extraordinary provision.
"In the presentation of the news OF
the day, errors viii 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 misprint,. every
mistake in any single element of
statement may be made the basis of
a suit for damages.
'"The bill is special legislation in that
1t excludes weekly newspapers. IL
treads all around the weekly and care
fully avoids stepping on it. The week
lies in Pennsylvania number 954 and
the dailies 200. To declare that
statement is a libel when printed In
209 dailies and not a libel when print
ed lin 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
network of embarrassment and vexa-
ton; it would cripple and curtail the
presentation of the regular and proper
news of the day; it would start up
whole swarm of speculative shysters
and curbstone b1ackmailers; it infringes
the just and constitutional liberty of
the press, and would impair that val
liable protection for public morals and
public rights, which is found in the
searchlight of publicity; it is special
legislation in undertaking to make a
law for daily newspapers while ex-
cepting the weekly newspapers from
it's operations; it perpetrates a gross
wrong in seeking to fasten the princi-
pals 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.
Alexander Simpson, Jr., and Rich
ard c. Dale, both of Philadelphia,
spoke in favor of the bill, and Thomas
ture, and Cyrus G. Derr, an attorney,
against it,
The libel bill provides that civil ac-
tion may be brought against any own
er or managing editor of any
newspaper published in Pennsylvania
to recover damages resulting from neg
ligence on the part of such owners
or managing editors in publications
affecting the character, reputation or
business of citizens, and that com.
pensatory damages may also be recov-
cred for "the physical and mental suf-
ferings endured by the injured part
les" and whenever such publication is
given special prominence by the use
of cartoons, etc, a jury shall have
the right to award punitive damages
against the defendants.
1t also provides that every news
paper published in Pennsylvania shall
publish on the editorial page the name
of the owner or owners, together with
the name of the managing editor.