The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-04

people. Further legislation is required
for the protection of the commonwealth
for the injury to her reputation and the
disadvantage to the administration of her
affairs which arise from the prevalent
dissemination of scandalous inventions
concerning her officials and their efforts
in her behalf.
Is Punishable Crime.
1T is not only an unseemly spectacle,
but it is a crime which the state ought
to punish when, day after day, the
Mayor of one of her cities is depicted in
communion with a monster compounded
from illustrations of paleontology and DR..
Dante. The enforcement of the municipal
law is impeded, and therefore the state is
concerned. We are compelled to recognize
that since the cry of liberty of the press
became shibboleth the relation of the
newspaper to the government and people
has been very much modified.
'In the large cities what is popularity
called yellow journalism is gaining a
foothod. There is a daily newspaper Of
wide circulation. published In the city of
Philadelphia ostensibfy by Pennsylva-
MIA corporation. This corporation was
chartered May IS, 1892 with an authorized
capitol stock of $4,000. of which the
amount actually paid into the treasury
OF the corporation was $500 SO far as
the records of the office of the secretary
oH the commonwealth show, this amount
has never been increased. A twentystory
building on the main street In the heart
of the city, largely rented out for offices
and other business purposes bears its
name. Since its Incorporation Ii has paid
to the commonwealth in taxes SIS 70. Since
it's control of what had been a useful
and venerable newspaper began. every
Mayor of Philadelphia, every Governor
every United States Senator, save one,
who has only been In office four weeks.
and every legislator of the commonwealth
has been subjected to a daily flood in
it's columns, not of adverse comment, but
of invented untruths. All of the people.
proprietor and peasant, churchman and
heather, are concerned alike that a de-
liberate policy of talse report to secure
ill-gotten gains sh d not succeed What
is the remedy? Sooner or later one must
be provided.
How Can Fights Be Preserved.
How can the right of a newspaper to
publish the facts concerning the govern
ment and United States officials and to
comment on them even mis- take.ily, be
preserved, and the continuance of inten-
tional fabrication in the guise of a news
paper be prevented?
"The constitution in the same section
provides for freedom of speech as well
as freedom of the press. Under the Eng
fish common law, when a woman habit
ually made outcries of scandals upon the
public highways to the annoyance Any
body may abate a public nuisance and
she was punished by being ducIed in a
neighboring pond Notwithstanding our
constitutional provision concerning free
dom of speech, 1t has been held that the
law of common Scottish Il retained in
Pennsylvania although the punishment Is
by fine and Imprisonment.
1T suggest the application Of this legal
principle to the habitual publication of
scandalous untruths. Let the persons
harmed or annoyed present a petition to
the Attorney General setting forth the
facts and If in his Judgment, they show
case of habitual falsehood, defamation
and scandal so as to constitute public
nuisance, let him file a bill in the court
of common pleas having jurisdiction ask
Ing for an abatement of the nuisance. and
let the court have the authority upon suf-
flcient proof, to make such abatement by
suppression of the journal SO offending,
in the whole or in part, as may be neces-
sary Since both the Attorney General and
the courts would have to concur, the
rights of legitimate Journalism are suf-
ficiently protected and it is only in an
extreme case that the law could be in
voked. For that case, 1t provides rem
edy.'
Draft Is Submitted.
The Governor then submits draft of
ar act declaring that 1.-The habitual pub
LEGATION and dissemination by newspapers.
journals. periodicals, pamphlets or circu-
lars of falsehood, defamation and scandal
detrimental to the administration of pub
lie affairs, or injurious to the reputation
and character of public officials, or of
private persons, be declared public nui-
sance" Any six persons. citizens of this
commonwealth, may present a petition to
the Attorney General of this common
wealth setting forth the designation and
description of the publication constituting
such a public nuisance Thereupon, If in
the Judgment of the Attorney General.
there shall appear prima facia case es-
tablished requiring his intention. it shall
be his duty to file a bill in equity pray
ing for an abatement OF tn. nuisance
Upon the trial of the cause il the evil
dence shall show the habitual publication
and dissemination of false. defamatory or
scandalous statement or representations
whether in the forms of news, comment
or illustration, it shall be the duty of the