Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-02-20
Dangerous Legislation.

portaoce 10 the merchants. 1edi eslalc
dealers, farmers, and every class OF
traders who have occasion 10 use
newspaper advertising, hand oiils,
posters. circulars, or letters for the
purpose q attracting purchasers IS
Row pending before the Legal Affairs
Committee Of the Maine Legislature.
l, lie entitled An Act Relative TO Up
true and Misleading Advertisements"
We published the full text Of this
Ac, in our issue of February II.
This bill makes advertisers, wheth.
er in newspapers, or by hando'i's'
circulars or letters, eriminaily liable,
and subjects them to fine or impris-
enn,ent for ANY assertion, repre-
sentation or statement Of fast wfiei,
is untrue, deceptive or misleading
even though such statemen: was made
in good faith. with no intent to de-
fraud, and in the full belief that it
was true: and even though the repre-
sen.a.ion related TO an imnateral
matter, no one being deceived thereby,
and no enc having suffered damage.
This measure is radical. and 30
our mind, vicious departure from the
fundamental principles OF the law Of
deceit and false representation as ad-
u..nistered in the courts OF Maine. II
Furnishes the innocent and guilty
alike. Facts which, under the law as
i: exists today. would be admissible
either n q civil action for damages OF
il a criminal prosecution. TO show
that the defendant was morally ami.
legally innocent Of ali wrong. woul1
be 10 defense whatever under this
ubiquitous measure.
Even in the civil action Of deceit
which has developed through sue
cessive centuries Of common law de-
c.sions and has expanded and kept
pace with the changing conditions of
modern civilization. there are six ele-
rents which the plaintiff must prove
before he can recover damages from
the defendant, namely:
/. That the false representation
was made with fraudulent intent.
Such intent may be proved by show
representation TO be false; or that he
did no, believe 1t TO be true; or tina.
he represented that 1t was true as Of
his own knowledge.
?. That the defendant intended
that it should be acted on.
8. That the representation related
TO material matters.
4. That is deceived the plaintiff
5. That i. induced the plaintiff to
act.
s. That, having acted upon it, the
plaintiff suffered damage thereby.
This is the we'll settled law In
Maine, even in civil action for de-
ceit. Yet the proposed act would
make a man a criminal upon proof of
only the second Of these essential ele-
ments
There is no occasion in thi. state
for such law. Every publisher of a
reputable newspaper in Maine at the
present time carefully edits his ad-
vertising, and would not knowingly
admit to his columns anything bear
ing the marks Of fraud
The bill is also unnecessary, because
ample remedies exist under the laws
Of Maine today for the redress, either
by way Of civil action or by criminal
prosecution, Of every wrong which
should legitimately be the subject of
action. The civil remedy for damages
is the common law action on the case
for deceit. The criminal remedy is
contained in Section Of Chapter 127
of the Revised Statutes, the essential
language Of which. as applied to the
matter under consideration, Is as fol-
lows:
Whoever. designedly and by any
false pretense or privy or false token.
and with intent to defraud, obtains
from another any money. goods or
other property. Is guilty of cheating
by false pretences and shall be pun
ished by imprisonment for not more
than seven years, or by fine not ex-
ceeding five hundred dollars"
Under this statute, il person,
with intent to defraud," obtains from
another any money. goods or other
property by means Of an advertise
ment, circular, etc, containing any
assertion, representation or statement
Of fact which is untrue, deceptive or
misleading, he is guilty Of cheating by
false pretences. and may be punished
by fine or Imprisonment. It is sub
mitted that this statute accomplishes
every useful or legitimate purpose
which is contemplated by the proposed
bill.
What blow it would be to the