The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-09-22
DEMURRER ASKED BY THE
TRIBUNE IN LIBEL. DEFENSE

CONTINUED from Page Cn,l
law of libel in its most oppressive
form was applied by the star chamber
under James l., and Charles I.
The attorney nstanced punishments
like cutting off ears. dealt out to
authors and publishers of utterances
which displeascd the reigning power.
and pointed out that the fines levied
in other cases We're so enormous as
TO be confiscatory He brought out
that by 1895 England. and about 1928
the American colonies. the control
of the press by the kingly preroga-
dives of licensing and censorship had
given way before the advance Of
popular power. bu there had been
employed from the earlies, time a
collateral method Of attack sought
10 be revived in this suit, the action
OF libel"
He said that during the reigns of
Queen Anne and George III. the
cause Of freedom passed through fiery
trials instanced the martyrdom Of
Tutchin for prcsuming to criticise an
action Of parliament. He pointed out
lflul utSDllf ItDlfSSlNP MEASURES lIlS
was the age of Swift. Addison and
Steel. that the periodical press grew
apace and the first daily newspaper
appeared" adding:
Ineificirncy Of Persecution
THE most remarkable fact about
persecution is its inefficency In the
main II has the opposite effect Of its
intention.
Mr.. Kirkland reviewed the effects
Of the Stamp Act. saying that II re.
duced the newspaper circulation Of
Great Britain to half that OF Ameri-
ca. although the population was dou-
BILE that of the colonies.
I'm other words. and II is pertinen,
to this suit said Mr.. Kirkland, "thc
method Of suppression by economic at
tack is far more effective than that
OF personal persecution. Today any
government which sought to perpetu-
ate itself by paralyzing criticism or
preventing exposure. could accomplish
its purpose best not. by cutting off
the ears of its editors. but by enacting
Il heavy tax or by enforcing claims
for confiscatory damages, such as are
made in the present suit"
The attorney traced the history Of
several noted early American libel
eases. pointing out that juries here
generally ignored the doctrine that
their findings should he limited to
questions Of authorship and publ.
cation. leaving to the court to deicr.
mine whether the words were in fact,
libclous.
Refers TO SeditiOn Act
Mr. Kirkland referred to the scdi.
tion act adopted in the early days Of
the republic. characterizing It as an
attempt by the fedcralists 10 suppress
the teachings Of Thomas jefferson.
The act penalizcd by fine and impris.
onment the publication Of false. scan
dalous or malicious writings 10 bring
tho government congress or the pres.
idcnt into contempt or disrepuie. incite
resistance TO United States laws or
encourage hostile designs against the
United States.
Mr.. Kirkland pointed out that the
firf amendment to the federal con
stitution declares that congress shall
iaakc no law abridging the freedom
e speech or press" and that similn,
declarations are found in all state
constitutions. That of Illinois. he said
guarded against revival OF the com
mon law doctrine of libel which ex
cludcd the truth Of publication as Il
defense Of II. He quoted us follows:
Every person may freely speak
write. and publish on all subjects|be
ing responsible for the abuse OF that
liberty: and in all trials for libel
both civil and criminal, the truth
when published with good motives. ant
3 for justifiable ends. shall be- suffi
Client defense"