The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1913-01-22

Gne only statute L Know OF IS Glie
one passed in 1912, Vol. XVII,
Statutes at Large, page 77o,
which provides as follows:
ANY person who shall with
malicious intent originate, utter,
or circulate, or publish, any false
statement or matter concerning
another, the effect of which shall
tend to injure such person in his
or Ler character or reputation,
shall be deemed guilty of a mis-
demeanor." etc.
This statute has never been
construed by our supreme court,
but I think the elements neces-
sary to constitute violation OF
this statute are: (D The state
ment originated. uttered or cir
culated, or published, must be
false; (2) It must have been done
with malicious intent; (3) The
statement originated, etc., must
end to injure the character or
reputation of the person alleged
to have been wronged.
Yours very respectfully,
(Signed) W. Hampton Cobb,
Solicitor Fifth Circuit.
I also submitted the matter to
United States District Attorney
Ernest F. Cochran, and received
the following reply:
Charleston, Nov. 16, 1912.
Hon. Cole l.. Blease, Governor
of South Carolina, Columbia,
S. @.
My Dear Sir:-Your letter of
the 18th inst, received. and pur-
suant to your request I have look
ed very carefully into the matter
referred to. AS I understand it
the facts are that three libelous
kilograms were sent from Colum-
bia, S. c., over the lines of a
telegraph company, to Washing
ton, D. c., and the question is
whether there is any Federal
criminal statute covering such a
case. I have been unable to find
any Federal criminal statute Gov
ering such a case, and am satiSi.
ed there is none. The prosecution
for the libel must be in the State
court. However, it is barely pos
sible that a prosecution could al
so be maintained at the place OF
publication of the libel; that is,
in the District of Columbia, in
the district courts there. l am
not familiar enough with the ju'
risdlction and statutes relative to
the District of Columbia to ex'
press an opinion on this point,
and l suggest that you lay this
question, if you desire. before the
United States District Attorney
for the District of Columbia ]
have not his name before me, but
a letter addressed simply United
States Attorney for the District
of Columbia, Washington, D. c.,
will reach him.
Respectfully.
(Slgned) Earnest F. Cochran,
C-N United States Attorney.
Gentlemen, the matter is before
you-not with a desire to review
The e reprehenslve conduct OF
South Carolina's Senior Senator,
nor with a desire to parade be
fore you the Infamous conspiracy
of Gonzales, Tillman ct al, to do
me political and personal hurt
but to show you the necessity, as
l began by saying, of some legis'
lation which will protect the rep
u5ations of the citizens of South
Carolina. when mallciously as
sailed in the public prints. The
matter is before you. l have
made to you a recommendation
in my annual message [ earnest
ly urge that you pass an act
along the line I have suggested,
or some act which, appealing to
your wisdom and your conscience,
will achieve the result for which
I am laboring.
If a man is thus mistreated,
villifed and abused, and the peo'
pie rebuke the conspirators and
falsifers by electlng the man lied
upon, he can submit and rest on
his laurels, but he be defeated,
and feels that only blood will re-
move the stains. because the law
gives him no redress: then, if he
defends his honor with blood.
who bIames him? Certainly not
a Lexington jury.
I might cite you to a later in
stance of Infamous newspaper
conduct. The Columbia State and
other newspapers in South Caro-
lima have been securing the news
papers of the world for all the
mean and vile editorials they can
gether attacking me for my re-
marks before the conference of
governors in Richmond recently.
Newspaper after newspaper with
favorable comments came into
my office. Many of these We're
sent by my secretary to the edi-
tor of the Columbia State-not
with any expectation of seeing
them published, but in order that
the Columbia State might have
the opportunity-which l knew
it already had-to publish them,
and in order that you might have