New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-06-18


therefore be damaging without precedent in New ork or any
other state The higher Federal and State without excep
ton have held that such decree violates the shts
of the publisher only under the Constitution OF the United
States fobddng Congress enact laws abndgns the freedom
speech or of the press but the constitutions Of the several
all which substantially the same Ian
guage of the New York Constitution every citizen may freely
speak and publish his sentiments all subjects being re-
sponbe the that right and law shall be passed to
abdge the liberty of speech OF the press There
remedy for the abuse of this right except action tor dam
ages proceeding The defendant has the right to have
the truth falsy Of the determined by jury trial as at
law That get in OF equity Neither
of other department of government can set
UP advance censorship such and
exercising right If such injunction order
could be sustained there other outcome than the complete
humiliation of the constitutional liberty of the and OF trial
jury and place thereof the establishment courts OF
equity of censorship absolute existed exists in
any of the absolute monarchies of Europe
In long and carefully worded decision Judge Henry D.
Clayton injunction issued against The Mobile Tribune
the of his findings he thus outlines the right OF criticism
directed patent medicines:
May a newspaper publisher expose if he the
plaintiff medicine-f be quack medicne3 May he not in
good faith tell the public Of the dishonesty and fraud practed
upon pubc3 there anything sacred about proprietary
medicines those who plan further their sales
and the profits Of the vende that newspaper shall
be required publishing what he believes be the truth
attack the business methods Of medicine vendors when
and where he believes the cooperating testimonials uherance
the scheme sell such medicines sinister and founded in
uth think he may do but within the limits of the law which
precrbes penalties civil and criminal for beous publications
Judge Caytons opinion was handed down April 2lst AS
the with Greenhus the enoning plaintiffs had gained
is doubtful whether anything else gained For The
Mobile Tribune Immediately took up the fight where had been
off and proceeded show up Tanac still further in
calculated reak upon Agent Willis and his principal the
quack Cooper the reparabe damage which he referred il
his application for the injunction Moreover it called the
legal authorities anac under the honest advertising
law According reports action this respect planned
Judge Clayton, in his opinion, which mastery in its
cogency of judicial analysis disposed by unanserabe argument
Of contention urged by the anac In sustaining the
contentious of the bunes regarding freedom Of the
and the baneful results of judicial censorship, he said
of if the bill is restrain libel of the plaintiff.
Court of Chancey will grant injunction This decided
law long and well established need
citation Of authority Court Of Chancey this country
has had the enon the Of such wrong
and by stretch of authority such and be-
sides the Constitution of the United States and this jurisdiction
the Constitution of Alabama both alike, positively forbid
not within the authority of Of other
agency by of censorship abrdge right belonging
to to freely speak and publish his sentiments
In conclusion he said that the right of freedom of speech and
OF the of those fundamental and naienabe rights
embraced the Bill of Rights and the inheritance every Amer
lean citizen We conceive of the administration of gov
eminent OF laws and of without recognizing the right
trial by the right of defendant be confronted by hi. ac
the right to be heard by self COUNSEL right due
of law the right the equal protection of laws the
right not to be Disseminated against of color
the right to worship God according conscience and the
night Of the citizen freely speak and publish his sentiments sub
ect only to lawful punishment damages for the abuse
OF this last rgha privilege of inemable value
people
10 the shame Of the other local papers, The Mobile Item and
ne Mobile Register they continued accept and publish the Tan
lac advertising Thus there apparent the baneu influence as
regards the public veal of injunction restraining newspaper
from publishing the truth For three weeks the only agency op
Grating to protect the public against the false of the quack
slenced by the During all this time the other paper
spreading abroad the false representations of Tana Pow
eru had been the enghtenng influence of The Mobile Tribune
before suppressed nevertheless must have been
people particularly outside Of Mobile who fooled by the
three weeks of constantly reiterated lies other papers, lies
which there method of reung adequately the judicial
sencer being in force That those people induced to spend
money worthless connection the worst of the matter
Alcohol the main drug ingredient of Tanac distinctly harmful