The McDowell times. [volume] (Keystone, W. Va.) 1904-1941, 1915-01-22
Is Made Clear in Ruline
Of Columbus
Judge
PRIVILEGE GIVEN UNDER THE
BADER STATUTE TO PUB
uSH CONTENTS OF
ANY DOCUMENT
Capitol City Jurist Declares That
Everything Filed in Tribunal
is Public Property.

COLUMBUS. OHIO, Jan. I6.-Deci.
ION in favor Of the constitutional yslidit,
OF the Bsder act Of 1911, found on pages
10 and ~ Of l02 Ohio laws and po~
known as Section III ,343 Of the Gen.
eral Code. Was rendered today 10y Judg,
+. b Kinkead, in the Franklin Count,
Common Pleas Court.
Concluding a carefully reasoned and
ably written opinion that deals with every
phase OF the act making the publication
bv newspapers OF fair and impartial ac-
counts Of criminal prosecutions, pleadines
IN civil cases and Judicial actions priyi-
~eei unless malicious motives can h.
proven, the Cont says:
The statute doe not contravene ssc
ton Of the Ohio bill Of right nnr Sec
ton OF the Fourtsenth Amendments OF
the Federal Constitution. IL N. In sb~
judgement OF the Court, . proper exer-
else OF Legislative power and a corstitu-
tional enactmenf "
OPINION IN TWO GASES.
The opinion Was rendered in two cases
hled by Samuel Heimlich, Clevelond law
yer. against toe Dispatch Printing Com
pany and the Ohio STATE Journal Com
psny. both Of Columbus, In which dam
aSes, respectively, Of SIOO,ODp and $75,-
80 were asked for alleged libel. Helm
l'ch was one OF the referendum petition
circulstors for the Ohio Equity Associ-
alton, working n secure a vote on the
workman . seompulsory compensation act
tie was arrested on an affidavit cha rging
PurJury, but was never prosecuted. the
rharges being subsequently dismissed.
The newspapers iled ans~ers 70 the
petitions alleging that the publications
were maize m good iaItn without any IN
formation that the statements were not
true, but with reasonable grounds for he
lleving them u lie true and without NAL
ice. and that the publications by reason n
oi the statute cited were privileg-d By
demurrer Heinrich attacked the ans
sers. pleading that the act is unconstitn-
uonai and that the defensrs must fail.
RELIES ON DECISIONS.
To support the claim re lance VI.
PLACED on two decisions of the Ohio Su
prene Court, and Cincinnati Gazette
company W. Timberlske, 10 Ohio state
30, rendered half a century ago, and the
pther Byers ". Meridian Printing Com
pany. -, Ohio state. so. rendered in
1911, a short time before the enactment
Of the B.der law
The doctrine of the Timt~riake cs-e.
approved and resffirmed in the Ryer.
case, is that the rule Of privilege docs not
extend n preliminary proceedings Of es
psrte character, such a. the filing Of an
affidavit before q Police Magistrate Tor an
arrest
In the Byers case il vas held that an
sct which provided that good faith.
through mistake in publication, shall
rebut the presumption of malice from the
publication, va invalid.
While the decision today doe- not -~ek
- Overrule either decision ia - bs-e-i on
different theory Of the relstion of news
papers n administrative and in Iicisl pro-
cseiings than the underlying philosophy
II ths TimherIske and Byer- cs-e-. Pc
tween the cs-e- AZ bar and the es-e- cited
Jsdge Kinkezd draws q clear distinction
but eisborste~ With great csrp the .ub-
stsntial rrs-on for what, IL r~ -tsted by
lawyers tonight, Will be regarded e. q
deoarture from the rule q lsw that hs.
in the past besn followed. IL is stated
that TIE prr-ent statute i- radically dif-
ferent from the earlier one that was held
n he invalid.
FINDING OF JUDGE.
Di-cu--inz the statute - ia applies %
the provisions of section 10 of the biII Of
rights, Judge Kinkesd said:
The -<atnse dos not interfere with
'dns proocs' 20 fsr - it- provisions sp-
psy N she right n cne injured BY IN a.
fOumNsuuna a .~Al