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

Laws but the crystalliZed public sentiment
of the community. If there is not a crystallzed
sentiment to compel wholesome laws, those with
special purpose to serve will procure the tenn
porary enactment of bad laws. When public senti-
ment is aroused, change for the better occurs
very
Both the written common law and the statu-
tory law have shown gradual evolution and lib
erazaton under the compelling Influence of con-
stantly broadening public sentiment good illus
tration of the common law changes going on, IS
the fact that have entirely outgrown the old
law of Imprisonment for debt. Advanced civiliza-
tion will not endure it. Yet many money loaners
would wish it today, If they could have their
way The commentaries laws, which are directly
in the face Of the old contractua law are instances
of statutory law following in the wake of the de-
mands of public sentiment. The law is not dead
thing it is a live, growing and need serving nsti-
tuition. Man not made for the law, but the
law for man. In republics the law will become
exactly what alert and intelligent public opinion
requires in the public interest. So progress.
Kings and czars had an easy time to hold their
thrones before the invention of the printing press.
There not that intercommunicaton between
large groups Of persons which could enlighten
mems minds and crystalline their thoughts. With
the coming of the newspaper the pamphlet and
the magazine the power of kings began to slip.
Today they practically obterated from the
earth. Public opinion did It, The printed page
crystallized this public opinion. So newspapers
destroyed kings.
At every stage of this evolution the progress
sive newspaper has been compelled to fight for
its life. The beneficares of the statu quo wanted
the agitator who favored change repressed.
Kings confiscated printing plants. They COM
PEELED to whip out the agitators for freedom, or
themselves pass off the stage. The kings failed.
From secret cellars issued forth the assaults upon
despotism in the form Of newspapers and pam
phlets. The people read, believed and saved them
FrOy In c+ra ole hold pf tha
Seeing the absolute necessity for the newspa-
per, public sentiment soon passed the point where
forcible repression could be INDUCED by the kings.
The law of libel evolved. The public was led
to believe that very rigid accountability for
what was said was necessary to the safety of ind-
vidual regulations. This true and still is true
with reference to the private lives of men and
women. The newspaper which wantony attacks
private life and private character should be pm
ished and the injured be compensated for the
harm done.
But the great fight over the libel laws has
been invoked by those having special advantages
and special privileges to protect, which were con-
trary to the public welfare. These have sought n
rigorous Interpretation Of the law against their
critics Suppression of criticism through the me-
dunn of libel laws has been sought by such bene-
fciaries for hundreds of years.
In the beginning of this struggle 1t was libel
lous criticize the administration of public affairs
even If the criticisms were true and just Lawyers
who presumed to defend such suits were disbarred
The newspapers have struggled on, constantly
fighting for public sentiment which would relax
the rgors of the law in the interest of the general
public. These papers have that the correction
of public evils could follow only their exposure. |
Freedom to criticize political conditions has grad
ualy come. Today. public sentiment has forced
fairly constructions Of the law in this respect
Concerning Invisible Government the law is
far from progressive. If man is duly elected
public official, the newspaper is free to criticize
his public acts But if he be political boss or a
potico-financial boss, dominating state or n
community by invisible, and intangible and unoffi- |
cial Vaccinations he is private citizen" instead
of official, and the law affords him an undue |
protection to which the public welfare and his own
misconduct does not entitle him. The official may
be his puppet and do his bidding in manner so
clear as leave moral doubt, yet positive tangi-
be legal proof may be difficult, If not impossible.
Unless he is exposed his power can not be broken |
Yet exposure invites libel suits with undue adj
vantage to him, unless the law be more literally
construed. Public opinion and must rob such
enemies Of society of that security against crti-
cism, which belongs to a private citizen. Without
this relief government by special privilege can not
be shorn of it's undue advantage the people,
Criticisms of class or group, or gang
If you please, are sometimes taken advantage of
by those who belong to the group, believe them
selves to have been connected by innuendo with
they, as individuals, had been charged personally
with every act chargeable to the group a whole.
II such actions can be maintained the freedom Of /
the press is gone A multiplicity of long drawn
out, expensive and vexatous suits be pyra-
mided against newspaper, If such is construed to
be the law. Under such conditions silence is the
only safety and the public must remain unadyised
as to the schemes and wrongs of Invisible Govern
rnent. Such a silence is dangerous to the liberties
Of the people,
MR. Mr.. ]. M. Reynolds and A. B. McNillen COM
plain that we are trying their libel in the
newspapers. We not giving the public any
thing which purports to be the facts on the par
ticular statements made by the Journal which Mr..
Reynolds and MIR. McMillen say libelous, A
jury may hear and pass upon those facts.
We attacking in the press the precedent
which these gentlemen attempting to establish
in New Mexico which would forever silence the
journal on public wrongs We attempting to
crystalline public opinion against any such interpre
tations and constructions of the law as would In
the future be used to protect the public enemy
These gentlemen say this effort to lead public
opinion to assert itself in the public interest is
contempt of court If 1t be contempt, make the
most of it. We will not be sienced upon the prn-
ciple of liberty which is involved until a competent
court has definitely restrained us.