Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1905-03-22
DECISION In LIBEL CASE
itate Supreme Court Hands Down I'm.
portant Opinion.

ttate Supreme Court Hands Down Inn
portant Opinion.
Columbia, Special.-An important de-
,ision was handed down in the Super
or Court involving libel suits Of Sl0,-
100 each against The Charleston News
ind Courier and The Charleston Post
oy Augustus M. Flood, who was re-
.erred to ia both publications as
'colored man." in their mention Of his
,uit against the Charleston Street
Railway. The decision is against the
newspapers and the cases go back 10
Charleston for the assessment OF such
damages as a jury may see tit. Tho
reference to Flood as a colored man
vas 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 MT. 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 fifteeGth
amendments to the Federal constitution
to pefer to man as a negro is NOT
libelous per Sc and that to refer to
white man as a negro when he is not
q negro is an apparent mistake Wnlch
can do him no harm. The Supreme
court reserves this position and holds
that in spite of the Federal constitu-
sion 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.
The decision in the newspaper case
is written by Chief Justice Pope and
it is very exhaustive. Among the par
allel cases referred to is one in which
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 white man as negro" TG
call white man 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 racla!
distinction subsisting between the
white man and the black man, it must
be apparent that to inpute the con-
dition of negro to white man
would affect his, the white mans, So
cial status, and in case any one pub
lished white man to be negro, 1t
would not only be CALLING to his pllde.
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 anil fifteenth, were
designed to accord members Of the ne
gro race the same protection in life,
liberty and property which was already
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 it excludes the negro from
white society and vice versa. BY the
miscegenation statutes, the inter
marriage of the two races is forbidden
and made crime. Railroads are re-
guired to furnish separate coaches for
the two races. White children and
colored children are forbidden to at
tend the same school. Various opin-
ions are quoted to show that publish
Ing white man as a negro has been
held to be libelous by various courta.
The court then quotes the language
Of the three amendments to the-con-
:titution of the United States referred
TO and argues that it must be appar-
mt 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 the
opinion, ain bowling to the authority
of the United States in regard to
;hese amendments, but we would be
sery far from admitting that the So
:ial distinction subsisting between the
TWO races has been in any wise affect
It'd" In concluding the court holds
"We. therefore, hold that these
,hree amendments to the Federal con-
,titution have not destroyed the law
IF this State, which makes the pub
ication of a white man as negro
anything but libel The judgment OF
his court is that hte judgment of the
circuit Court be reversed when it sus-
aimed the demurrer in this case ana
he action is remanded to the Circuit
Court for such other proceedings as
nay be in accordance with law"