The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1918-08-31
AGAINST THE LAW
TO PRINT ISLANDER

The publisher of The Silver State
was this morning handed an unsigned
letter headed Communication of Tax
Payers from Lovelock," and attacking
candidate for office. In self-pro-
lection we must state our position in
the matter.
The columns of this paper have al
ways been open to the public, and Will
continue so to be, but, in common with
all other newspapers we must insist
that communications be signed by the
author. Even then we are willing to
publish letters and withhold the au-
thor's name, provided we have his or
her signature on the original article,
that We may be protected in case of
litigation after publishing the letter.
But even if the letter above referred
to was signed by the author, we could
not publish it because ii is in direct
violation of the Corrupt Practice Act
District Attorney Says "Don't-
When confronted with the problem
whether to publish the letter or not
this morning, we read over that por-
ton of the election laws of Nevada re-
lating TO the case. Although convinced
IN our own mind that it would be
criminal act to print the letter, to
make sure we tOOI the matter uD
Y'th District Attorney Thomas d. |
Powell and he honestly and sincerely
advised that we we're In da1ga. oi
becoming liable should we publish the
article, and pointed 20 Sections 80 and
"a of the Corrupt Practice Act. Sec /
ton 80 is captioned Certain Inhibi-
tions Concerning Newspapers" and
clearly proves the danger of publish
ing the letter.
But Section "a is positive and not
only takes in the publisher of a news I
paper, but printers. candidates and /
in fact everyone and anyone. Section |
"a is set out in full in the next para |
graph and should be studied by every /
reader of this paper
The Law in the Matter
Sec. "a. 1t shall be unlawful TO /
write. print, or circulate through the
mails or otherwise any letter, circular.
bill. placard. or poster relating TO any
election or to any candidate at any
election. unless the same shall bear
on its face the name and address of /
the author. and of the printer and |
publisher thereof; and any persori1
writing, printing, publishing, circu-
lating, posting, or causing to be writ /
t1n printed, circulateu, posted, OF /
published any such letter. bill, pla-
card, circular, or poster. as aforesaid, /
which fails to bear on its face the /
name and address of the author and
of the printer and publisher shall be
guilty of an illegal practice, and shall,
on conviction thereof, be punished by
a fine of not less than ten dollars nor
more than one thousand dollars, or by /
Imprisonment in the county Jail for
not more than eight months, or by L
both such fine and Imprisonment. If
any letter circular, poster. bill, pub
lication, or placard shall contain any
false statement or charges, whether
such charges be direct or by innuendO,
insinuatiOn, or implication, rejecting
on any candidates character. morality,
or integrity, the author thereof and
every person printing or knowingly
assisting In the circulation thereof.
shall be guilty of political criminal
libel, and upon conviction thereof
shall be punished by Imprisonment in
the penitentiary for not less than one
b0r more than three years. If the
person charged with such crime shall,
on his trial, prove that the statements
made were true. or that he had rea-
sonable ground to believe such charge
was true, and did believe it was true,
and that he was not actuated by
malice in making such publication, it
shall be a sufficient defense to such
charge. But in the event the defense
is that defendant had reasonable
ground to believe the charge was true,
and did believe 1t to be true, as a
part of his defense, he shall also prove
that, at least five days before such
letter circular. poster, bill, or placard
containing such false statement or
statements was printed or circulated,
he caused to be served personally
upon the candidate to whom il relates
copy thereof In writing. and calling
his attention particularly to the
charges contained therein. and that,
before printing, publishing, or cireu-
lating such charges, he received and
read any denial, defense. or explana-
tion, ii any, made or offered to him in
writing by the accused candidate with
In five days after the service of such