The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-03-24
A LIBEL DECISION.
1t is Defamatory to Publish q White


to Constitution Have No
Effect In Regarl to So
cial Relations.
The Columbia Record says a very
interesting and important decision
was rendered by the supreme cour,
Wednesday morning. 1t is decided
that for a newspaper to publish thai
a white man is ne. ID Is defamator,
to the white man, and the newspaper
making the publica,i n Is liable to ;
suit for damages. The case wss tina,
or an appeal on the part of Mr.. Au
gustus M. Flood, OF Charleston, liba
suit having been instituted by him
against The News and Courier aud
The Evening Post, OF Charleston, rol
damages In the sum of $40 600 be.
cause he was referred to as being a
negro.
The case Is stated as follows: Mr.
Flood Is white man and a citlzan OF
Charleston, where, it was alleged, he
always enjoyed the respect and conf
nence OF bis fellow cit'z us, the same
having been Of value in his business
and a source Of pride and pleasure tc
MIN In his social life. The comrl. int
further alleges that the News a. d
Courier and The Evening p ST pub
lisned local items In rega, d to suit
entered against tue Charleston elcc
trio street railway by Mr.. Flood ,or
damages for injuries and referred uo
him as colored man. BY reason OF
being published as being a negro, MIR.
Flood claimed that the state ment
tended 10 exclude him IIom society
and by reason of said false and defa
matorY publication this plaintiff has
been injured in his reputation and
hurt In his feelings to his damage
100000"
In answer to the complaint it was
denied that the publication was de-
famatory or that any legal damage
was suffered therefrom, it being
claimed that under the prov s!ons OF
XIII, XIV and XIV amendments to
the constitution Of the United States
and Of the provisions OF the constitu-
tion OF South Carolina, the use OF the
said word "colored" in application to
anV' one ts not libelous nor defamatory
SO, r,s>, uyslegal damage on cause of
action arise from such application.
This demurrer having been sustained
by the presiding judge, an appeal was
taken on the grounds that the judge
erred in holding that the application
negro" or It's equivalent, 'colored, !"
when applied to white man is not
libel) )us per Sc. That the law In this
state, before the adoption of the XIII
XIV and XIV amendments to the
constitution Of the United States was
that the term negro" or "colored, u
when applied to white person, was
libelous per Sc, In that 1t tended t.
exclude him from society. HIS honor
erred in holding that this had been
changed and that the negro's social
status has been Changed by said
amendments, whereas it is Submitted
that only the negro's legal and politi-
cal status has been affected thereby.
The supreme court says. The only
question presented by this appeal is,
Is 1t libelous per Sc to publish a white
man as a negro?" To call whi, {
man negro affects the social status
Of any white man so referred to-"
Authorities are quoted .on this point
and the court continues: "Wncn We
stop to think OF the racial distinction
subsisting between the white man and
the black man, 1t must be apparent
that to i'm pute the condition Of ne
ID RI tn uhita man u,plI .To,t l>;c
the white mans, social status, and in
case any one published white mau
to be a negro, 1t would not only be
calling to his pride, but would tend
to In ierfere serious lily with the social
relation OF the white man with Iii,
fellow white men; and to protect the
white man from sucn publ C ,tiun it /,
necessary TO bring such 4 charge to al
issue quickly"
In SJrauder VS.. West Virginia, til,
court held that the Sc amend mt n $
XIII, XIV and Nv, were de. igned t
accord members ol The negro !aco IN
same protection la life libsrUy an
property which WIS ALREADY cnj we
by the white race, and 10 Ah re does
TIE court in that "a g refer To ths
cial relations OF cacu race. IN.
$40 Cute laws OF this state forLidS H. [
association Of the two races, in suci
way 1t excludes the negro from
white society an vice versa. BY h
misct genation sCitutcs, the Inter
marriage tf The tHo Races Is fUrDddet
and made crime Railroads are re
quired TO furnish separate coach. 8 10;
the two races. White chidr. ant
cOlored children are forbid eli TO at
tend the same honuol. Various opia
ions are quoted to sho Y tuat publisA
ing white man as negro ha
be held to be libelous by variou
courts
The court then quotes the Language
OF Lie three amen mcnts to the con
stitution OF the United States reterr
ed to and argues that il must be ap
parent from consulting the texts tha,
there is not the slightest reference u
the social condition OF tile two races
All take pleasure, it Is stated iI
the opinion, lin bowing to the au
thority Of the United States in regart
to these amendments, but we woult
be very far from admitting that tn
social distinction subsisting between
the two races has been in any wis,
affected" In concluding the cour
holds:
We, therefore, hold that these
three amend nents to the federal con
stitutlon nave not destroyed the Law
or thla state, which makes the publ
nf n ttyf,t