Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1915-10-08
flBEb ~ CALLED A SLIGHT
oFFENsE NOW IN OKLAHOMA
Comments Upon Action of Jury IN
Case whcrciu J. ,. McAleStcr
sued Frank Cault and Daily
OkIahouan For Libel.

narrow weekly makes the toitoN-
ing comment upon the libel suit
wherein ox-IAeu,enant Governor J.
J. McAlester was suing Frank Gault
and others for libel IN connection
with the 1914 campaign:
The libel suit OF former Iicuten-
ant Governor J. J McAlesicr against
Frank Gauit. president OF the state
Poard OF Agriculture. non I.awhead.
and A. u. HambarEer. his camjaign
managers IN the last primary cam
TaiEn. resulted In a verdict for sioi
against Hamburger. Under the in
siructions OF the court tho jury could
not do otherwise than find a verdict
for the plaintiff against az least one
II the defendants
The libel complained OF was a po-
litieal advertisement published in the
Daily okiahoman. alleging that Nc
Alester. on account OF his infirmities
Of age. was incompetent to transact
business. and citing facts alleged TO
show such incompetency. The aues-
tions Tor the jury TO determine were
the amount OF damages and the re-
snonSsibility for the libel. The yer
dict exonerates Gault and Lawhead.
and places the responsibility on Ham
hsrger. fixing the damages at Sl01.
''As the instruction OF the court
and the verdict itself remove any
question as to the libelous character
OF the publication complained Of. the
result OF the case suggests anew that
Oklahoma juries do not attach great
importance to statements made in a
political campaign. The case is re-
newed evidence that the libel Law is
Ineffective as a restraint against the
abuse OF the freedom OF the press in
political contests Many cases have
been brought in Oklahoma. but thus
far no verdict of any consequence has
ever been rendered in such case.
Regardless of the merits of this
particular case. 1t should be men
toned that the proved disposition Of
Oklahoma juries in not holding the
rurveyors OF campaign literature TO
accountability does not promote po-
litical morality. The greater reason
while comparatively little attention
is paid to true statements Of dam
aging character concerning candi-
dates for office. is that no danger at
taches TO the issuance of false state
ments. II every man who raises a
question as to the character or quail
ification OF a man for public office
could be held TO strict accountability
b. for accuracy OF statement. If it were
known that such accountability
could and would be enforced. and an
adequate remedy would be supplied
in case OF Misrepresentation. cam
paign literature would be more effec-
tive, and Il woald be easier to arrive
at the true merits OF rival candidates.
When 1t is the accepted rule that a
man can indulge in any sort of state
ment without regard to truth. and
escape all penalty though the libel is
plain. merely because II has been ut
tered in campaign. all campaign lit
erature becomes correspondingly less
consequential. political contests sink
To a lower woral plane. just as has
been the result in Oklahoma.
"The lax enforcement OF law is al
ways an evil. and the press itself,
though insistent in it's demand for
the preservation OF its own freedom
is interested in the rigid enforce
ment OF the law against all the abuses
of this freedom. The public has ev-
en- a greater interest The press must
remain great factor in public af-
fairs under popular institutions. and
the public is supremely interested in
enforcing the maximum of truth and
the minimum OF error and falsehood
in this chief source of its informa-
ton"