The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-06-20
DAKOTA EDITORS
CLEAR OF LIBEL
No Convictions Under Law
-Hager Says Publishers
Do Not Realize Power.
AT RESULT
OF RECENT TRIAL
Lesson Taught by the Suit
Brought by Roosevelt
Against Michigan Editor

Tho North Dakota libel law. dis
cussed by Grant s.. Hager of Grafton.
publisher Of the Walsh County Record
and the st. Thomas Times. effective
Tor several years and making libel a
felony. has not yet resulted in the
conviction Of a North Dakota news
paper man. although many have been
accused of libels from time to time.
A the present time and for the
past eight years section 1878 makes
libel a felony, but let 1t be said to the
credit Of the citizens Of North Da-
kota that during all these years while
this law has been on the statute
books not a single jury has been found
that would bring in a verdict Of guilty
against any publisher charged with
libel. although a great number Of ar
rests and trials have occurred. The
thirteenth legislative assembly which
was in session the first two months
Of 1913 reduced the grade Of the Of
tense from a felony to a INSIDE
meanor, and I for one trust hat any
publisher who utters a libel will be
convicted and dealt with severely.
Make One Grave Error.
1T will be impossible for me in any
paper OF reasonable length to go into
the details Of the libel law. or poin,
out to the craft the pitfalls that are
to be avoided. Many publishers are
OF the opinion that any statement
be libelous. This Is a grave error,
Under the North Dakota law while
the truth Of the statement may be
submitted as a matter Of fact for the
jury, the essence OF the offense is the
spirit. temper and motive in which II
is uttered that finally determines
whether 1t is a libel or whether 1t is
a,NNh a otnna1 - E L-.L
be given publicity. The editor who
tells a bald truth about some public
man and tells 1t in a malicious man.
ner. or tells 1t without n good OF
reasonable motive cannot justify his
act because his statement is absolutely
true. He must have been actuated by
some motive that is good and hi.
statement must be devoid Of malice.
All these matters will go to the jury
and will be determined by them.
Section. $3.50 allows a r~etraction
in case Of a suit for civil damages
but the r%etraction must be made ac-
cording to this section as to position,
type and time.
Doesn't Grant a License.
THE freedom OF speech and. Of the
Epress 10 guaranteed by the constitu.
ton. but I think many publishers are
prone to misunderstood the meaning
tof the wood freedom, which Is a
synonym Of liberty. They get the
idea Of liberty and license mixed, and
all too frequently their u%tterances
become libelous."
Mr.. Hager said that some editors do
not appreciate the real Importance of
their work, and he cited the ease OF
Colonel Theodore Roosevelt as an ex-
ample:
II am exceedingly pleased that the
Michigan editor who libeled Colone,
Theodore Roosevelt was obliged to re-
tract and to admit that he could no,
find a citizen in the United States who
would state he had personally seen
Colonel Roosevelt drink intoxicating
liquors to excess. I say I am exceed
ingly pleased, not because I am 9
member Of the colonel's new party
or today an ardent admirer of the ex
president, but because the trial has
publicly INDICATED him and re-estab.
lished him in the confidence Of his fel.
low citizens. I personally believed
the story so persistently and malici-
ously repeated during the fall Of 1912
that Colonel Roosevelt was drinking
intoxicants to excess. I now know
the story was false. This vindication
Of the colonel should be a lesson to
every publisher to weigh carefully
what he writes before he gives it to
the public"