The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-04-01
SENATE BILL NO. 253.
BY Stafford.


Sections 4. 5, 6. S and of Article
2j, chapter NNv. of the Statutes Of
Oklahoma, 1898, relating to libel and
SANDER
BE 1t enacted by the people Of the
state of oklahoma:
Section l. That section (. of Article
25 Chapter NNv OF the Statutes Of
Oklahoma, 1898, be and the same is
Icrcby amended TO read as follows:
Section 4. In all civil actions 20
recover damages for libel or slandor,
Il shall be sufficient 10 state generally
what the dcfamatory matter was, that
1t was not true. and that it was pub
lishcd o. spoken OF the plaintiff, and
60 allege any general or special tam
ages caused thereby, and the ain
tin To- recover shall only be b." to
prove that the matter was pu' shed
or spoken by the defendant concern
ing the plaintiff. and that the same
was not true. As defense thereto.
the defendant may deny and oncr
evidence to disproyo the charge made
or he may prove that the matter
charged as dofamatory was true or so
generally reported TO be true that he
had good reasons TO believe that it
was true; that IL was published or
spoken under such circumstances as
to rcudc. it a privileged communica-
tion.
Section 3 That section .. of Ar
ticle %, Chapter %, Of the Statutes OF
Oklahoma, 1898, De and the same is
hereby amended TO read as follows:
Section b. \ false publication is
presumed to have been malicious un-
less it be shown that the defamatory
matter was so generally reported to
be true as to give the defendant good
reason to believe 1t to be true. or II no
justiafablc motive for making the
same be shown.
Section 3. That section 6 of Ar
ticle %, Chapter %, of the Statutes Of
Oklahoma, 1898, be and the same is
hereby amended to read as follows:
Section e. II there be a verdict by
the jury in favor of the plaintiff, the
jury shall find and report in their
verdict the amount of damages which,
in thoir judgment, the plaintiff has
sustained from the publication of the
defamatory matter and the court shall
render judgment for such amount. And
if there be verdict in favor of the
defendant and the jury find that the
action was malicious or without reas-
enable provocation, judgment shall be
rendered against the plainUin and in
favor of the defendant for his costs,
including an attorneys fee OF one
| hundred dollars.
Section 4. That Section of Ar
ticle 25 Chapter %, of the statutes OF
Oklahoma, 1893, be and the same Is
hereby amended to read as follows:
Section S. In all criminal prosecu-
don or indictments for libel, the truth
thereof may be given in evidence TO
the jury and II il be made to appear
by the defendant that the matter
charged as libeIous is true, or so gen
orally reported to be true that the de-
fendant has good reasons to believe 1t
TO be true, or was privileged com
. a. hA fshnrusl
as nbelous was published in some
newspaper, and it be shown that a
complete and unqualified retraction
of such matter was published in one
entire issue OF the same paper within
thirty days after the publication OF
such matter, the defendant shall be
acquitted.
section .. That section of Article
25, Chapter %, of the Statutes OF
oklahoma, 1898, be and the same is
hereby amended to read as follows.
Section .. In all criminal prosecu
tions for libel, the indictment or in
formation need not set forth any in
trinsic facts for the purpose OF show
ing the application TO the party Ii
belled by the delamatory matter upon
which the indictment is founded, bu
il is sufficient 10 state generally thai
the same was published concerning
the party named, and that IL was no
true and the la,t that II was publish
ed, and was not true must be estaO
lished on the trial.
Section g. That all acts and parti
of acts and laws inconsistent will
this act are hereby repealed.