New-York tribune., 1909-02-19
NEWSPAPERS DUTY
TO EXPOSE WRONGDOING.
Justice Gay in an Opinion Says me
Press Supplements the Lac.

IN denytn- motion 70 set ASIDE ne - :, =,
s,,rv who had found for '"flle New horN ~ 80. -,
i4ei sllft brought against that new -.
a,s, v-a,zs a druggist. who formerly KePl d -. -
: -. .o,,.r ,r Columbus avenue and Aftn St'eel'
ss,r,.r,a Court Justice Guy yesterday hlaoe - -
.lesr tina. il was the duty Of the press *
sn ,rrore doings. no matter by whom ooI1li'lI's- .
-,so- only Is IT permissible FOR ne"spaPer %
publish an expose Of wrongooll.s' ~
Czuv. ai,ut $ IS irs duty 20 do so
The orinion in fuu is as follows;
.,a 1,,1v has found matter OF faet; en- IL
that the statement made pZ u. !, Vas true in
1iietance and in fact: and in my oplnlon;; s,5rb
f5si1s The evidence introduced by the defenoad "a ~
shows thar adulterated gooGs' S5 M ~. fraud
and health the sale OF which WouIo e,; ne = 1sra
mon practising physicians and the p4pll- 80
found large quantltles az .ie - merely in
- -oor, which he claims he had rented 10
Noo{en' nai a'sIifcsfe Nils on biheads bearing
the plaintiffs name. showing the sac pS 5e ss
10 which ii Is claimed there was frauouien5 a1ul-
Teration. prices far below the estaollsheo
IN the drug trade IN this country -.
he T.es s@ that time engaged in the sale Of goods
Sometimes used for immoral purposes and that
he subsequently. in criminal pEoceeolIss s, ~
convicfea Of the crime Of selling such goods IN
violation Of law for immoral purposes, 49,. ,o,-
tertion that Wooten alone was guilty anG tn1l
the sale Of these adulteraed spurious and illegal
goods was a subterfuge. TO which the jury prop
found that the defendant ("1he TimesO was
guilty technicay cf libel. II would have been the
DUTY Of the court. had they found E verdict Tor
more than nominal damages. TO Immediately sci
the verdict aside las against the weight OF eFi-
dence.
The law jealousy guards the good Tepute of
ali persons in their private character and In their
business or profession. unless by their genera
private conduct by the character of the bust
ness or profession IL which they engaged
they have themselves forfeited such good repute
But she law Is not engaged IN the rehabilitation
Of regulations or in throwing the mantle Of re
spectabilitv and coed Eepute around those who
deliberately engage in practices in violation OF
law and follow pursuits which are subversive of
decency and good morals
Tbs defendant was engaged in the publication
of a newspaper not merely for the dissemination
of news, but with the additional purpose of up
holding q high standard OF public deCency and
morals IN the community. and II was not merely
its right but it's duty, in connection with public
sDo official proceeding Of the kind in question. TO
publish trIthfully much Of the facts with
decenCy it could publish, that even If the
machinery of the criminal law proved inadequate
gain in human life and health and seek to pro-
mote Immoral practices they might be held up to
public scorn and contempt.
While newspapers should be held 20 strict and
severe accountability for unjusti1able and un-
truthful assaults upon private character o upon
business standing and credit. they deserve not
punishment and rebuke but public approval and
truthfully, and in strict conformity 10 the facts
cal public attention 10 those who engaged in
nefafloUs practices. injurious TO the public vel
fare
For these reasons the motion TO set aside the
verdict and for q new trial is denied