The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-24
LONDON LIBEL LAW
SUSTAINED
Opinion by Judge Conner
in Case of Williams
v. Smith.

The Supreme Court yesterday. in an
Connor, sustained the London Libel Law,
holding that the lower court was in error
in case of Williams VS.. Smith, from New
Bern, in that it over-ruled the demurrer
that the plaintiff did not give the five
days notice provided for in the law to
give opportunity to make retraction.
This is the first time the Supreme
Court has passed on this law, passed by
the Legislature of 1901, introduced by
Senator H. A. London. of Pittsboro AS
soclate Justice Platt D Walker took no
part IN the decision of the court.
The circumstances of the case were
that negro by the name of John H.
Williams sued Isaac H. Smith for viola
ton of the usury laws of the State.
Smith wrote an article and published it
In the New Bern Journal in which he
charged that no honest man would bring
such a suit. The case was argued last
week in the Supreme Court by Mr.. D. L.
Ward, of New Bern, for Smith, and Mr..
H. c. Whitehurst for Williams.
Judge Conner writes:
1.-The plaintiff alleged that the defend
ant wrote and published in the New Bern
Daily, newspaper published in the city
of New Bern, of and concerning him, q
certain article entitled An Honorable
Man That said article was a malicious,
libel, etc. The article was signed Smith,
aEd refers to the defendant as one Will
liams.' The defendant demurred 10 the
complaint and among other grounds for
demurrer says, That the plaintiff should
allege that before bringing his suit, he
gave the defendant five days notice in
writing, specifying the article and the
statement therein which he alleges 10
DC false, as required by chapter 557 of the
Laws of 1901 etc.
From Judgment over-ruling the de-
Eufrer the plaintiff appealed.
The appeal presents for construction.
Sections one and three oil chapter 557,
of Public Laws of 1901 known as the
London Libel Law, in the first section
of which it is enacted: That before any
proceedings either Civil or Criminal,
shall be brought for the publication N a
newspaper or periodical in this State, of
a libel the plaintiff or prosecutor shall
at least five days before instituting such
proceedings, serve notice in writing on
the defendant or defendants, specifying
the article and the statement therein,
which he alleges 20 be false ard defama-
tory. If it Shall appear upon the trial
that said article was published in good
faith, etc Sc only nominal damages
shall be recovered, etc.
Neither our own nor the researches of
the learned and diligent counsel have en-
allied Us to discover any case in which
this or any similar statuts is construed
in regard to an action for libel We are
compelled therefore to resort TO an ex-
animation of The question upon general
principles and the construction put upon
statutes relating to other actions in
which the same or similar provisions are
found"
Several citations follow end the opin-
ion concludes as follows: ut will be
observed that in the clause OF the act i'm
mediately following that under discussion
sion, the language is materially changed
II ii shall appear on the trial. etc. The
frs clause imposes upon the plaintiff be-
fore instituting the action, the ,luty Of
making the demand and giving the de-
ferdant opportunity to take tie steps by
which he may not defeat the right of
action, but protect himself against the
recovery of punitive damages The plain
tiff, however, says that this provision
of the Code does not apply to this case
Section three: This shall not apply to
anonymous communications and publica-
TONS
eve find that the word anonymous
Is defined in the Century Dictionary as
of unknown name, one whose name is