Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-10-03
LIBEL SUITS

the city of Chicago. The basis of the suit is the
Tribune's statement that the city is bankrupt by
reason Of the inefficiency and crimnality of the
Thompson machine which controls it.
demurrer to the complaint has just been
argued and is now in the bosom of the court await
ing the pronouncement of his decision.
The demurrer is based upon the argument that
the freedom of the press, guaranteed by both state
and federal constitutions will be greatly curtailed,
II not destroyed, if governments. either municipal,
state or national maintain suits for libel eX-
cept in cases of sedton. The immense power of
e. government otherwise, be used to suppress
criticism of its misconduct All newspapers IN
the United States await the decision with intense
interest
Suppose for instance, that the demurrer be
overruled and the precedent thereby be established
that government maintain such suit. There
after there would be nothing to prevent the state
of New Mexico from sueng the Journal or any other
newspaper, for any criticism Of the administration
of the state. Silence would be the result. EVIL
could go unscathed and extravaganza and favor
itism might run riot without exposure The peo-
pie would be unadvised of conditions and their lib
critics and rights would pass from them Such a
situation is unthinkable
Yet an effort is being made in the suits of J.
NJ Reynolds and A. B. McMillen against the Journ>
al to put a construction upon the libel laws which
would set precedent that would accomplish the
result.
regarding these men upon which they originally
brought suit we do not care to say anything. We
promptly answered in those cases and were ready
to try the in the courts instead of In the news
papers The question merely whether we were
justified in certain concrete statements we had made
concerning them.
However, these gentlemen were unwilling TO
"go to court" on these remarks which they origin
ally thought their sources for grievance.
They therefore employed lawyers more capable than
themselves and have filed amended complaints IL
is these amended complaints which are menace
to the freedom of the press and therefore menace
to the people. If the principles of law which they
attempt to lay down be made to stand in the
courts all criticism of existing conditions In the
state will be silenced Because the interests OF the
people are involved so vitality, feel free to dis
cuss the matter. 1t is by no means private ques-
ton between Messrs Reynolds and McMfllen on
the one hand and the Journal and Its editor on the
other hand. Willingly unwittngly these gentle
men are striking a deadly blow at the people OF
New Mexico.
The Journal has talked with great freedom
about the bad conditions in New Mexico. 1t has
made rather concrete charges against certain IN
fuences in the state. Sometimes 1t has called them
bosses; sometimes higher ups; sometimes the
"junta'; sometimes the gang" For more than a
year we have pointed out how the state has suffer-
ed at their hands During all of that time we had
never mentioned the plaintiffs in these actions or
the First National Bank in any connection, until
after July Is of this year.
Soon after the latter date said the gang
was after us. The allusion printed rather directly
to the First National Bank. These gentlement now
plead their connection with the First National and
argue that the Journal previously used the WORD
gang as recited above in attacking general state
conditions Therefore. they say when we later
used the word gang" in way which pointed to
the First National that we imputed to that bank
all that we had previously charged against the
gang" in earlier months and that, in view of their
connection with the bank we thereby imputed II
to them personally. So they on the theory
that what we have said about FALL Hawkins and
others previously. hurts the standing OF Ray
nods and McMillen.
If this theory can be established as the law,
O free press in New Mexico is gone forever. Guy
Rogers and Charles White, who happen to be ex-
ecutive officers of the First National can maintain
suits saying impute to them merely because
thew are such officers all that we have said over
a year gone by. Any man whom we have ever
intimaed that thought belonged to the Invisible
Government in New Mexico in the remotest way
could sue us saying that we charged him with
everything with which had charged any
body.
If all criticisms of vague and underlined class
OF men can be imputed to every individual whom
we have intimated associated with that class
in any phase of their activities, multiplicity OF
vexatious suits result which would crush any
newspaper by the dead weigh of expense incident
to their trial.
The original suits of these two men could
have been tried in two days. II they are to be
permitted now to go into all that have said
about other men in an effort show that we men
tally included the Plaintiffs all of the time and
secretly meant them in every criticism. the cases
can not be tried in two months. The sheer ex-
pense of trial would be enormous. II this can be
done newspapers must cease to critic anyone
The people should be alert as to what the real
result of these would be upon the freedom of
the press in New Mexico in case a court should
hold such complaints to be good pleading.
No one wants return to the silence of the
grave which prevailed for years. If this can be
accomplished any manner Of selfish or corrupt
political activity is safe from exposure
CAN MONARCHISM REVIVE?