The county record. [volume] (Kingstree, S.C.) 1885-1975, 1905-03-23
DEe*E'S LIBEL CASE
State Supreme Court Hands Down I'M
portant Opinion.

PS' 'sehs Sr'h'Sh'
Columbia, Special-An important de-,
cision was handed down in the Super
lor Court involving libel suits of $l0.-
600 each against The Charleston News
and Courier and The Charleston Post
by Augustus NJ. Flood, who was rc-
ferred to in both publications as a
"colored man." in their mention of his
suit against the Charleston Street
Railway. The decision is against the
newspapers and the cases go back 70
Charleston for the assessment of such
damages as jury may see fit. Tho
reference to Flood as a colored man
was an error which the one paper fell
into by reason of the others lack OF
diligence, and both papers promptly
apologized when the mistake was
called to their attention. In the COM
plant Mr.. Flood alleges that the refer
ence to him as colored man damaged
his social and business position to the
extent OF $4,000 in each case. The
defendants demurred on the ground
that under the fourteenth and fifteenth
amendments to the Federal constitution
to refer to a man as a negro is NOT
libelous per sc and that to refer to
white man as a negro when he is not
a negro is an apparent mistake when
can do him no harm. The Supreme
court reserves this position and holds
that in spite of the Federal constitu-
tion it is libelous per sc to refer to
white man as negro, inasmuch as the
laws of this State forbid social equality
by it's Jim crow car laws, its laws
against miscegenation and otherwise.
lhe decision in the newspaper case
isAritten by Chief Justice Pope and
<is very exhaustive. Among the par
7allel cases referred to is one in which
a reporter referred to white man as
cultured gentleman" the intelligent
compositor "set it up" "colored gentle
man." and the proofreader changed it
to negro" The Supreme Court says:
THE only question presented by this
appeal is. is it libelous per Sc to pub
lish a white man as a negro" 10
call a white man a negro affects the
social status of any white man so re-
ferred to- Authorities are quoted on
this point and the court continues:
When we stop to think Of the racial
distinction subsisting between the
white man and the black man, it must
be apparent that to impute the con-
dition OF a negro to a'white man
would affect his, the white mans, so.
cial status, and in case any one pub
lished a white man to be, a negro. 1t
would not only be CALLING 10 his p,ide.
but would tend to interfere seriously
with the social relation OF the white
man with his fellow white men; and
to protect the white man from such
publication it is necessary to bring
such a charge to an issue quickly.
In Strauder VS.. West Virginia, the
court held that these amendments.
twelfth, fourteenth and fifteenth. were
designed to accord members Of the ne
gro race the same protection in life.
liberty and property which was alreacy
enjoyed by the white race, and no
where does the court in that state re-
fer to the social relations Of each race.
The statute law of this State forbids
the association Of the two races, in
such a way II excludes the negro from
white societS and vice versa. BY the
miscegenation statutes. the inter
marriage Of the two races Is forbidden
and made a crime. Railroads are re-
uuired to furnish separate coaches for
the two races. White children and
colored children are forbidden to al
tend the same school. Various npir-
ions are quoted to show that publish
ing white man as a negro has been
held to be libelous by various court".
The court then quotes the language
of the three amendments to the con-
stitution OF the United States referred
to and argues that it must be appar-
ent from consulting the texts that
there is not the slightest reference to
the social condition Of the two races.
"All take pleasure" it is stated in tn"
opinion, "in bowing to the authority
of the United States in regard to
these amendments, but we would De
yerv far from admitting that the So
ciai distinction subsisting between the
two races has been in any wise anect-
etd." In concluding the court holds
1--WE. therefore, hold that these
three amendments to the Federal con-
stitution have not destroyed the laH
Of this State. which makes the ruD-
lication of a white man as a negro
ANYTHING but libel. The judgment OF
this court is that hte Judgment OF the
Circuit Court be reversed when 1t sus-
tained the demurrer in this case and
the action is remanded to the Circuit
Court for such other proceedings rs
may be in accordance with law"